Responsibility of parents for actions; fraud or misrepresentation; contesting termination of parental rights and adoption.§ 63.063
8 opinions cite § 63.063
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D.S. v. J.L. 18 So. 3d 1103 · 1D09-1233 · 1st DCA 2009
…that it recognized different levels of compliance with respect to the requirements imposed on parents in adoption cases. Compare § 63.062(3) with § 63.063(1). Section 63.062(3) requires an adoption agency seeking to place a child for adoption to notify the child's unmarried biological father that, to contest the…
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D.S. v. J.L. 18 So. 3d 1103 · 1D09-1233-2 · 1st DCA 2009
· cited by 3 in all courts
…that it recognized different levels of compliance with respect to the requirements imposed on parents in adoption cases. Compare § 63.062(3) with § 63.063(1). Section 63.062(3) requires an adoption agency seeking to place a child for adoption to notify the child’s unmarried biological father that, to contest the…
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Howell v. Hickman 275 So. 3d 667 · 4D19-0520 · 4th DCA 2019
…putative father was not entitled to notice of proceedings where putative father did not timely register with the Florida Putative Fathers Registry); § 63.063(2), Fla. Stat. (2018) (“A fraudulent representation is not a defense to compliance with the requirements of this chapter and is not a basis for dismissing a…
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M.M. v. K.P. 2D16-4982 · 2nd DCA 2017
…explicit requirement that counsel be provided for indigent parents,6 the sections of chapter 63 governing the termination of parental rights, see, e.g., §§ 63.063, .087-.089, include no such provision. Nevertheless, under both the federal and Florida constitutions, the Birth Mother had a right to representation by…
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M.M. v. K.P. 228 So. 3d 718 · 2D16-4982-2 · 2nd DCA 2017
· cited by 2 in all courts
…explicit requirement that counsel be provided for indigent parents, 6 the sections of chapter 63 governing the termination of parental rights, see, e.g., §§ 63.063, .087- 089, include no such provision. Nevertheless, under both the federal and Florida constitutions, the Birth Mother had a right to representation by…
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Children's Home Society of Florida v. V.D. 188 So. 3d 920 · 1D16-0021 · 1st DCA 2016
…for adoption”); id. § 63.022 (reciting unmarried birth mother’s right to privacy in making decisions about her future and the future of the child); id. § 63.063(2) (finding that “the interests of the state, the mother, the child, and the adoptive parents ... outweigh the interest of an unmarried biological father who…
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Heart of Adoptions, Inc. v. J.A. 963 So. 2d 189 · SC07-738 · Florida Supreme Court 2007
· cited by 114 in all courts
…interest may be lost entirely, or greatly diminished, by his failure to timely comply with the legal steps to substantiate a parental interest." Section 63.063(4)(d), Florida Statutes (2005), refers to an out-of-state unmarried biological father having taken necessary steps in that state to "protect and preserve his…
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In re Adoption of Baby A. 944 So. 2d 380 · 2D05-3614 · 2nd DCA 2006
· cited by 6 in all courts
…should not be interpreted as a legal ruling on the subject that would create precedent for future cases. [10] A.S. acknowledged, however, that section 63.063, Florida Statutes (2004), provides in pertinent part: (1) Each parent of a child conceived or born outside of marriage is responsible for his or her own…
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(1) Each parent of a child conceived or born outside of marriage is responsible for his or her actions and is not excused from strict compliance with this chapter based upon any action, statement, or omission of the other parent or a third party, except as provided in s. 63.062(2)(a).
(2) Any person injured by a fraudulent representation or action in connection with an adoption may pursue civil or criminal penalties as provided by law. A fraudulent representation is not a defense to compliance with the requirements of this chapter and is not a basis for dismissing a petition for termination of parental rights or a petition for adoption, for vacating an adoption decree, or for granting custody to the offended party. Custody and adoption determinations must be based on the best interests of the child in accordance with s. 61.13.
(3) The Legislature finds no way to remove all risk of fraud or misrepresentation in adoption proceedings and has provided a method for absolute protection of an unmarried biological father’s rights through compliance with this chapter. In balancing the rights and interests of the state and of all parties affected by fraud, including the child, the adoptive parents, and the unmarried biological father, the Legislature has determined that the unmarried biological father is in the best position to prevent or ameliorate the effects of fraud and, therefore, has the burden of preventing fraud.
(4) The Legislature finds that an unmarried biological father who resides in another state may not, in every circumstance, be reasonably presumed to know and comply with the requirements of this chapter. Therefore, if all of the following requirements have been met, an unmarried biological father may contest a termination of parental rights or subsequent adoption and, before entry of the final judgment of adoption, assert his interest in the child. Following such assertion, the court may proceed with an evidentiary hearing if:
(a) The unmarried biological father resides and has resided in another state where the unmarried mother was also located or resided.
(b) The unmarried mother left that state without notifying or informing the unmarried biological father that she could be located in this state.
(c) The unmarried biological father has, through every reasonable means, attempted to locate the mother but does not know or have reason to know that the mother is residing in this state.
(d) The unmarried biological father has substantially complied with the requirements of the state where the mother previously resided or was located in order to protect and preserve his parental interest and rights with regard to the child.
History. s. 13, ch. 2003-58; s. 9, ch. 2008-151; s. 12, ch. 2012-81.