(1) Unless the parent placing a minor for adoption files an affidavit that the parent chooses to place the minor outside the state, giving the reason for that placement, or the minor is to be placed with a relative or with a stepparent, or the minor is a difficult-to-place child, as defined in s. 409.166(2), or for other good cause shown, an adoption entity may not:
(a) Take or send a minor out of the state for the purpose of placement for adoption; or
(b) Place or attempt to place a minor for the purpose of adoption with a family who primarily lives and works outside Florida in another state. If an adoption entity is acting under this subsection, the adoption entity must file a petition for declaratory statement pursuant to s. 63.102 for prior approval of fees and costs. The court shall review the costs pursuant to s. 63.097. The petition for declaratory statement must be converted to a petition for an adoption upon placement of the minor in the home. When a minor is placed for adoption with prospective adoptive parents who primarily live and work outside this state, the circuit court in this state may retain jurisdiction over the matter until the adoption becomes final. The prospective adoptive parents may finalize the adoption in this state.
(2) An adoption entity may not counsel a birth mother to leave the state for the purpose of giving birth to a child outside the state in order to secure a fee in excess of that permitted under s. 63.097 when it is the intention that the child is to be placed for adoption outside the state.
(3) When applicable, the Interstate Compact on the Placement of Children authorized in s. 409.401 shall be used in placing children outside the state for adoption.
History.—s. 12, ch. 75-226; s. 24, ch. 77-147; s. 8, ch. 78-190; s. 4, ch. 84-101; s. 9, ch. 87-397; s. 21, ch. 92-96; s. 30, ch. 2001-3; s. 34, ch. 2003-58; s. 2, ch. 2022-55.
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.