(1) Notwithstanding s. 95.031 or s. 95.11 or any other statute, an action or proceeding of any kind to vacate, set aside, or otherwise nullify a judgment of adoption or an underlying judgment terminating parental rights on any ground may not be filed more than 1 year after entry of the judgment terminating parental rights.
(2)(a) Except for the specific persons expressly entitled to be given notice of an adoption in accordance with this chapter, the interest that entitles a person to notice of an adoption must be direct, financial, and immediate, and the person must show that he or she will gain or lose by the direct legal operation and effect of the judgment. A showing of an indirect, inconsequential, or contingent interest is wholly inadequate, and a person with this indirect interest lacks standing to set aside a judgment of adoption.
(b) This subsection is remedial and shall apply to all adoptions, including those in which a judgment of adoption has already been entered.
History.—s. 18, ch. 73-159; s. 6, ch. 2000-188; s. 32, ch. 2003-58; s. 32, ch. 2003-154; s. 4, ch. 2006-265.
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.