(1) APPEARANCE.—The petitioner and the person to be adopted shall appear either in person or, with the permission of the court, telephonically before a person authorized to administer an oath at the hearing on the petition for adoption, unless:
(a) The person is a minor under 12 years of age; or
(b) The appearance of either is excused by the court for good cause.
(2) CONTINUANCE.—The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.
(3) DISMISSAL.—
(a) If the petition is dismissed, further proceedings, if any, regarding the minor must be brought in a separate custody action under chapter 61, a dependency action under chapter 39, or a paternity action under chapter 742.
(b) If the petition is dismissed, the court shall state with specificity the reasons for the dismissal.
(4) JUDGMENT.—At the conclusion of the hearing, after the court determines that the date for a parent to file an appeal of a valid judgment terminating that parent’s parental rights has passed and no appeal, pursuant to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. A judgment terminating parental rights pending adoption is voidable and any later judgment of adoption of that minor is voidable if, upon a parent’s motion for relief from judgment, the court finds that the adoption substantially fails to meet the requirements of this chapter. The motion must be filed within a reasonable time, but not later than 1 year after the date the judgment terminating parental rights was entered.
History.—s. 14, ch. 73-159; s. 3, ch. 77-140; s. 26, ch. 2001-3; s. 28, ch. 2003-58; s. 20, ch. 2008-151.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
63.039 - Duty of Adoption Entity to Prospective Adoptive Parents; Sanctions.
63.042 - Who May Be Adopted; Who May Adopt.
63.0422 - Prohibited Conditions on Adoptions; Firearms and Ammunition.
63.0423 - Procedures With Respect to Surrendered Infants.
63.0425 - Grandparent’s Right to Notice.
63.043 - Mandatory Screening or Testing for Sickle-Cell Trait Prohibited.
63.052 - Guardians Designated; Proof of Commitment.
63.053 - Rights and Responsibilities of an Unmarried Biological Father; Legislative Findings.
63.0541 - Public Records Exemption for the Florida Putative Father Registry.
63.062 - Persons Required to Consent to Adoption; Affidavit of Nonpaternity; Waiver of Venue.
63.064 - Persons Whose Consent to an Adoption May Be Waived.
63.085 - Disclosure by Adoption Entity.
63.087 - Proceeding to Terminate Parental Rights Pending Adoption; General Provisions.
63.093 - Adoption of Children From the Child Welfare System.
63.112 - Petition for Adoption; Description; Report or Recommendation, Exceptions; Mailing.
63.122 - Notice of Hearing on Petition.
63.125 - Final Home Investigation.
63.132 - Affidavit of Expenses and Receipts.
63.135 - Information to Be Submitted to the Court.
63.142 - Hearing; Judgment of Adoption.
63.152 - Application for New Birth Record.
63.162 - Hearings and Records in Adoption Proceedings; Confidential Nature.
63.165 - State Registry of Adoption Information; Duty to Inform and Explain.
63.167 - State Adoption Information Center.
63.172 - Effect of Judgment of Adoption.
63.192 - Recognition of Foreign Judgment or Decree Affecting Adoption.
63.202 - Authority to License; Adoption of Rules.
63.207 - Out-of-State Placement.
63.212 - Prohibited Acts; Penalties for Violation.
63.213 - Preplanned Adoption Agreement.
63.222 - Effect on Prior Adoption Proceedings.
63.232 - Duty of Person Adopting.
63.2325 - Conditions for Invalidation of a Consent to Adoption or Affidavit of Nonpaternity.
63.233 - Rulemaking Authority.
63.235 - Petitions Filed Before Effective Date; Governing Law.
63.236 - Petitions Filed Before July 1, 2008; Governing Law.