(1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect:
(a) It relieves the birth parents of the adopted person, except a birth parent who is a petitioner or who is married to a petitioner, of all parental rights and responsibilities.
(b) It terminates all legal relationships between the adopted person and the adopted person’s relatives, including the birth parents, except a birth parent who is a petitioner or who is married to a petitioner, so that the adopted person thereafter is a stranger to his or her former relatives for all purposes, including the interpretation or construction of documents, statutes, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly include the adopted person by name or by some designation not based on a parent and child or blood relationship, except that rights of inheritance shall be as provided in the Florida Probate Code.
(c) Except for rights of inheritance, it creates the relationship between the adopted person and the petitioner and all relatives of the petitioner that would have existed if the adopted person were a blood descendant of the petitioner born within wedlock. This relationship shall be created for all purposes, including applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly exclude an adopted person from their operation or effect.
(2) If one or both parents of a child die without the relationship of parent and child having been previously terminated and a spouse of the living parent or a close relative of the child thereafter adopts the child, the child’s right of inheritance from or through the deceased parent is unaffected by the adoption and, unless the court orders otherwise, the adoption will not terminate any grandparental rights delineated under chapter 752. For purposes of this subsection, a close relative of a child is the child’s brother, sister, grandparent, aunt, or uncle.
History.—s. 17, ch. 73-159; s. 11, ch. 75-226; s. 1, ch. 79-369; s. 1, ch. 87-27; s. 1, ch. 90-139; s. 18, ch. 92-96; s. 1, ch. 93-192; s. 342, ch. 95-147; s. 1, ch. 2001-226.
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.