Execution of consent to adoption or affidavit of nonpaternity; family social and medical history; revocation of consent.§ 63.082
57 opinions cite § 63.082
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Heart of Adoptions v. Department of Children & Families 2D22-2496 · 2nd DCA 2023
Adoption agency's non-final appeal treated as certiorari and denied; court properly refused to move the child to its chosen prospective adoptive family.
…order granting the motion to intervene but denying the motion for change of placement. The court found, after considering all the statutory factors, see § 63.082(6)(e), Fla. Stat. (2021), that the prospective adoptive parents were qualified to adopt the child but that the adoption by those parents was not in the child's best…
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Walsh v. Department of Children & Families 4D2023-2009 · 4th DCA 2024
Placement change to an adoption entity's chosen home reversed for failure to apply amended section 63.082 presumptions; unqualified expert testimony also erroneously admitted.
…Department of Children & Families, 380 So. 3d 469 (Fla. 4th DCA 2023), we held that a foster mother did not have party status in an Adoption Entity’s section 63.082(6) intervention proceeding regarding the child’s custody placement and best interests. Id. at 471. In that opinion, we noted that the Legislature in 2023 made…
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Guardian ad Litem Program v. Campbell 5D22-0217 · 5th DCA 2022
Certiorari granted quashing a custody transfer to out-of-state grandparents because the court wrongly elevated the parents' choice above the child's best interests under section 63.082(6).
…who live in New York. The adoption entity moved to intervene in the TPR proceeding, and the trial court allowed the intervention pursuant to section 63.082(6)(c), Florida Statutes (2021), and found the consents to be valid and binding. The adoption entity then filed a motion to transfer custody of the Child to…
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M.K. v. Department of Children & Families 4D2023-1044 · 4th DCA 2023
Denial of party status and intervention to a foster mother affirmed; her termination petition did not make her a party, and juvenile rules bar intervention.
…Department. M.K. sought party status based upon her own private petition to terminate parental rights, or alternatively she sought to intervene in the section 63.082(6), Florida Statutes (2022), proceedings regarding the child’s placement and best interests. We affirm the denial of M.K.’s standing as a party in the dependency…
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V.R. v. Department of Children & Families 4D21-1550 · 4th DCA 2021
Denial of the adoption entity's motion to intervene reversed because section 63.082(6) requires only one parent's consent, and the father had consented.
…63 requires the court to permit intervention by an adoption entity “[i]f a parent executes a consent for adoption of a minor with an adoption entity.” § 63.082(6)(a), Fla. Stat. (2020). The father did so, and his consent was attached to the motion to intervene. We reverse the order denying the motion to intervene…
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K.M.G. v. Heart of Adoptions, Inc. 2D2023-2771 · 2nd DCA 2024
Order transferring placement to an adoption entity quashed because the court took no evidence on the child's best interests as section 63.082 requires.
…to and custody of M.G. to Heart of Adoptions, a licensed adoption entity under Florida law. Pursuant to a provision in the adoption statutes, section 63.082(6), Florida Statutes (2022), Heart of Adoptions moved to intervene in the ongoing dependency case, naming the child's foster parents as the prospective adoptive…
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Y.G. v. Department of Children & Families 246 So. 3d 509 · 1D18-0049 · 1st DCA 2018
· cited by 1 in all courts
Termination reversed because the court should have continued the trial for a best-interests hearing on the grandfather's intervention after the mother consented to his adopting.
…after which it terminated Y.G.’s parental rights to A.P. 2 II. CONSENT TO ADOPTION Section 63.082, Florida Statutes, governs proceedings related to a parent’s consent to adoption. If a parent executes a consent for adoption of a minor with an…
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In re Adoption of K.A.G. 152 So. 3d 1271 · 5D14-2751 · 5th DCA 2014
· cited by 5 in all courts
…Aunt then moved to intervene in the adoption proceeding. She argued that she should be able to present evidence as to the factors articulated in section 63.082, Florida Statutes (2013), including Child’s bonding with her and the permanency she offered Child. Grandmother argued, however, that the court had previously…
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In re S.N.W. 912 So. 2d 368 · 2D05-996 · 2nd DCA 2005
Reversed: the adoption agency could intervene in the dependency case, and the mother's adoption consent could not be set aside without notice and fraud proof.
…Because the Department of Children and Family Services concedes that the trial court was required to permit Adoption Miracles to intervene pursuant to section 63.082(6)(b), Florida Statutes (2004), we reverse. [1] Further, as the Department appears to acknowledge, the birth mother's consent to the adoption of S.N.W. could not…
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Adoption Miracles, LLC v. S.C.W. 912 So. 2d 368 · 2D05-996-2 · 2nd DCA 2005
· cited by 27 in all courts
Reversed: the adoption agency could intervene in the dependency case, and the mother's adoption consent could not be set aside without notice and fraud proof.
…Because the Department of Children and Family Services concedes that the trial court was required to permit Adoption Miracles to intervene pursuant to section 63.082(6)(b), Florida Statutes (2004), we reverse. 1 Further, as the Department appears to acknowledge, the birth mother’s consent to the adoption of S.N.W. could not be…
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In re I.B. 142 So. 3d 919 · 5D13-2796 · 5th DCA 2014
· cited by 1 in all courts
…grandmother, was necessary because the mother feared that her attorney would “trick her” into signing a consent in favor of the paternal aunt. Section '63.082(l)(a)3., Florida Statutes (2012), provides alternative methods for executing a consent to adopt: § 63.082. Execution of consent to adopt or affidavit of…
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In re Adoption of Baby Girl C 511 So. 2d 345 · 2D87-191 · 2nd DCA 1987
· cited by 9 in all courts
…about a week after she had consented to the adoption of her child and before appellants took custody of the child, had validly revoked her consent. Section 63.082(5), Florida Statutes (1985), provides that a "[c]onsent [to an adoption] may be withdrawn only when the court finds that the consent was obtained by fraud or…
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E.H. v. K.S. 511 So. 2d 345 · DCA87-191 · District Court of Appeal 1987
· cited by 1 in all courts
…about a week after she had consented to the adoption of her child and before appellants took custody of the child, had validly revoked her consent. Section 63.082(5), Florida Statutes (1985), provides that a “[cjonsent [to an adoption] may be withdrawn only when the court finds that the consent was obtained by fraud or…
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E.Q. v. Department of Children & Families 208 So. 3d 1258 · 3D16-2108 · 3rd DCA 2017
· cited by 5 in all courts
Termination affirmed as unchallenged; denial of motion to transfer children to paternal grandparents affirmed because bonding with foster parents served their best interests.
…[the paternal grandparents]. 2 to the custody of the childrens’ paternal grandparents. Pursuant to section 63.082(6), Florida Statutes, the attorney representing the Mother was granted leave by the trial court to intervene as an “Adoption Entity/Intermediary Party” and…
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P.K. v. Department of Children & Families 927 So. 2d 131 · 5D05-1856 · 5th DCA 2006
· cited by 5 in all courts
Denial of the mother's conditional surrender and proposed adoption affirmed; DCF's cross-appeal relief denied but trial court told to follow the earlier mandate.
…order denying her petition for approval of a conditional surrender of parental rights and proposed adoption of her minor children filed pursuant to section 63.082(6) of Florida's Adoption Act. The Department of Children and Families (DCF) cross-appeals seeking a ruling instructing the trial court to terminate the mother's…
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M. v. Department of Children & Families 6D2025-0292 · 6th DCA 2025
Denial of prospective adoptive parents' intervention affirmed because they did not challenge the missing home study and lacked standing to assert the parents' constitutional rights.
…of Dania v. Broward Cnty., 658 So. 2d 163, 164 (Fla. 4th DCA 1995). The Appellants attempted to intervene in this action pursuant to section 63.082(6), Florida Statutes (2024). The trial court denied their motion because it was not accompanied by a valid consent to adoption or a preliminary home study…
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In re J.T. 947 So. 2d 1212 · 2D06-1523 · 2nd DCA 2007
· cited by 5 in all courts
Appeals from order letting an adoption agency intervene and transferring the case were treated as certiorari and denied; the dependency court keeps jurisdiction.
…step on the way to the order that they ultimately want to challengea decision that a private adoption is in J.T.'s best interest pursuant to section 63.082(6)(c), Florida Statutes (2006). The Department does not and acknowledges that it cannot challenge the propriety of permitting Heart of Adoptions to intervene in the…
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J.S. v. S.A. 912 So. 2d 650 · 4D05-156 · 4th DCA 2005
…terminate the parental rights of the mother if the court determines by clear and convincing evidence that the mother executed a valid consent under section 63.082, Florida Statutes, and that the consent was obtained according to the requirements of Chapter 63. See Fla. Stat. § 63.089 (3)(a)(2004). A minor mother may…
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J.S. v. S.A. 912 So. 2d 650 · 4D05-156-2 · 4th DCA 2005
· cited by 11 in all courts
…terminate the parental rights of the mother if the court determines by clear and convincing evidence that the mother executed a valid consent under section 63.082, Florida Statutes, and that the consent was obtained according to the requirements of Chapter 63. See Fla. Stat. § 63.089 (3)(a)(2004). A minor mother may…
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S.K.R. v. Department of Children & Family Services 902 So. 2d 328 · 2D04-1704 · 2nd DCA 2005
· cited by 3 in all courts
Termination reversed because the mother's husband, the legal father, had standing to contest it and his consent was required.
…executed consents for adoption, and that the prospective adoptive parents are the paternal aunt *330 and uncle of the child. The motion relied upon section 63.082(6), Florida Statutes (2003). 4 . The Legal Father appeared at the hearing on the motion and objected. The Legal Father was working on his case plan and wanted…
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K.C. v. Adoption Services, Inc. 721 So. 2d 811 · 4D98-1403 · 4th DCA 1998
· cited by 10 in all courts
…the parent seeking to set aside the consent on the grounds of fraud or duress. Parents who have executed consents pursuant to section 39.464(1) or section 63.082 [2] may not challenge the child's subsequent adoption unless a court finds that the consent was "obtained by fraud or duress." §§ 39.464(1); 63.082(5); In…
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W.K. v. Department of Children & Families 4D17-1549-2 · 4th DCA 2017
Foster parents lacked standing to appeal; transfer of the child to the mother's chosen adoptive parents affirmed as supported by the best-interest factors.
…of the foster parents and to be adopted by them. However, it is not the court’s role to determine which placement would be better for the child. Section 63.082(6)(a), Florida Statutes (2017), provides that “[i]f a parent executes a consent for adoption, . . . the adoption consent is valid, binding, and enforceable by the…
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D.T.S. v. J.M. 33 So. 3d 106 · 1D09-4395 · 1st DCA 2010
…Florida Statutes (2009), authorizes termination of parental rights pending adoption when the parents have executed written consent that complies with section 63.082, Florida Statutes (2009). Section 63.089, Florida Statutes (2009), permits the circuit court to terminate parental rights pending adoption when it has…
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D.T.S. v. J.M. 33 So. 3d 106 · 1D09-4395-2 · 1st DCA 2010
· cited by 1 in all courts
…Florida Statutes (2009), authorizes termination of parental rights pending adoption when the parents have executed written consent that complies with section 63.082, Florida Statutes (2009). Section 63.089, Florida Statutes (2009), permits the circuit court to terminate parental rights pending adoption when it has…
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C.D.F. v. D.R. 2D21-0652 · 2nd DCA 2022
Dismissal of the permanent guardians' Chapter 63 termination petition was reversed because the dependency court's retained jurisdiction did not oust the domestic relations division.
…"the child shall remain in the custody of the permanent guardian unless the order creating the permanent guardianship is modified by the court"); cf. § 63.082(6)(f) (requiring an adoption entity to "keep[] the dependency court informed of the status of the adoption proceedings at least every 90 days from the date of the…
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W.K. v. Department of Children & Families 230 So. 3d 905 · 4D17-1549 · 4th DCA 2017
· cited by 4 in all courts
Foster parents lacked standing to appeal; transfer of the child to the mother's chosen adoptive parents affirmed as supported by the best-interest factors.
…of the foster parents and to be adopted by them. However, it is not the court’s role to determine which placement would be better for the child. Section 63.082(6)(a), Florida Statutes (2017), provides that “[i]f a parent executes a consent for adoption, . . . the adoption consent is valid, binding, and enforceable by the…
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R.L. v. W.G. 147 So. 3d 1054 · 5D14-990 · 5th DCA 2014
· cited by 5 in all courts
Denial of former foster parents' motion to intervene affirmed; the mother validly chose her cousin as adoptive placement, found in the child's best interest.
…with her was in the child’s best interest, the court was required to “immediately order the transfer of custody” of the child to the prospective mother. § 63.082(6)(d), Fla. Stat. (2014). The mother’s choice of placement with a prospective parent when her parental rights were still intact was an exclusively parental…
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The Florida Bar v. Dove 985 So. 2d 1001 · SC05-302 · Florida Supreme Court 2008
· cited by 3 in all courts
…and file a consent to adopt form from the biological father even though the surrender is stated in the petition for adoption. (Bar Exhibit 32); contrary to § 63.082(3)(a), F.S. (2001), Respondent failed to obtain and file a family, social and medical history from the biological father; contrary to § 63.082(3)(b), F.S. (2001),…
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Department of Children & Families v. T.H. 1D15-4198 · 1st DCA 2016
Dependency court's order placing the child with paternal grandparents for adoption under section 63.082(6) affirmed; no error in interpreting the statute.
…appearance for Appellees. PER CURIAM. We affirm the dependency court’s order placing J.R. with Appellees for adoption pursuant to section 63.082(6), Florida Statutes (2015), because we find no error in the court’s interpretation and application of the statute under the circumstances of this case.…
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Y.M. v. Home At Last Adoption Agency 93 So. 3d 1112 · 5D12-264 · 5th DCA 2012
· cited by 2 in all courts
…gave birth to their daughter while Appellant was in jail. Three days later, Appellant’s wife voluntarily executed a consent to adoption pursuant to section 63.082, Florida Statutes (2010), effectively giving custody of the child to Home at Last Adoption Agency (“the Adoption Agency”), a Florida licensed child-placing…
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In re Amend. to the Fla. Family Law Forms 59 So. 3d 792 · SC08-2058 · Florida Supreme Court 2010
…the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular. This form should be typed or printed in black ink. It must be signed in the presence of a notary public or deputy clerk and…
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C.G. v. Guardian ad Litem Program 920 So. 2d 854 · 4D05-2301 · 4th DCA 2006
· cited by 1 in all courts
Mother's unconditional surrender and consent to adoption held valid and irrevocable absent fraud or duress, even though the intended placement did not occur.
…As the Guardian Ad Litem Program notes, C.G. is not entitled to withdraw the surrender and consent absent fraud or duress in its execution. Section 63.082(6)(a), Florida Statutes, provides: (6)(a) If a birth parent executes a consent for placement of a minor with an adoption entity or qualified prospective adoptive…
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T.R. v. Adoption Services, Inc. 724 So. 2d 1235 · 4D98-2628 · 4th DCA 1999
· cited by 1 in all courts
…under duress. While we are sympathetic, we must affirm the order on appeal. Chapter 63 of the Florida Statutes governs the procedures for adoption. Section 63.082(4), Florida Statutes (1997), provides that a consent for voluntary surrender must be executed only after the birth of the child, in the presence of two…
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Matter of Adoption of Doe 543 So. 2d 741 · SC72593 · Florida Supreme Court 1989
· cited by 48 in all courts
…On the equal protection issue, respondent natural mother argues, as a parent in an intermediary adoption, that her consent is irrevocable under section 63.082(5), absent a showing of fraud or duress, whereas parents in an agency adoption "have the unfettered right to withdraw their `consent' or surrender." In re…
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In Interest of I.B.J. 497 So. 2d 1265 · 5D86-8 · 5th DCA 1986
· cited by 4 in all courts
…to withdraw her consent. It was the opinion of the trial court that the consent could only be withdrawn upon a showing of fraud or duress pursuant to section 63.082(5), Florida Statutes (1985), or if the consent document was executed without full knowledge of its effect. See Grabovetz v. Sachs, 262 So.2d 703 (Fla. 3d…
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T.R.-B. v. Department of Children & Families 3D21-1716 · 3rd DCA 2022
Denial of the grandmother's motion to intervene reversed; as long-time caregiver seeking adoption she had a direct interest and needed party status.
…There is a need here for intervention because the petitioner argues the AARC lacks transparency and due process. In construing sections 39.812(5) and 63.082(7), courts must avoid construing a statute in a manner that would achieve an unreasonable result. See In Interest of J.A., 561 So. 2d 356, 358 (Fla. 3d DCA…
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M.J.G. v. A. 4D21-1675 · 4th DCA 2022
…the Mother was denied fundamental fairness in the administration of due process. See also J.S. v. S.A., 912 So.2d 650 (Fla. 4th DCA 2005)[.] V. Section 63.082(4)(b), Florida Statutes, expressly provides that consent can be withdrawn only if the court finds 5 that the consent was…
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J.G. v. Department of Children & Families 270 So. 3d 523 · 5D18-3917 · 5th DCA 2019
Termination for abandonment affirmed; the father's counsel, private adoption and single-parent termination arguments were unpreserved or meritless, and he did not challenge the evidence.
…caregiver "struck a deal" where he would voluntarily surrender his rights in contemplation of an open adoption. He further argues that pursuant to section 63.082(6)(g), he had the right to participate in Child's placement by consenting to a private adoption plan. Initially, Father ignores that before trial commenced, his…
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F.H. v. Department of Children & Families 3D15-1944 · 3rd DCA 2016
…and detailed order, as there was competent substantial evidence in the record to support the court’s factual determinations and its application of section 63.082(6)(a)-(e), Florida Statutes (2015). We also find no abuse of discretion in the trial court’s decision to allow the adoption of Do.S. to proceed. See G.S. v. T.B.,…
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F.H. v. Department of Children & Families 182 So. 3d 908 · 3D15-1924 · 3rd DCA 2016
…and detailed order, as there was competent substantial evidence in the record to support the court’s factual determinations and its application of section 63.082(6)(a)-(e), Florida' Statutes (2015). We also find no abuse of discretion in the trial court’s decision to allow the adoption of Do.S. to proceed. See G.S. v.…
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J.H. v. K.D.M. 8 So. 3d 372 · 5D07-3688 · 5th DCA 2009
…with section 63.062, "a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s. 63.082 after the birth of the minor or notice has been served under s. 63.088...." § 63.062(1), Fla. Stat. (2004). In order to preserve the necessity of his…
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J.H. v. K.D.M. 8 So. 3d 372 · 5D07-3688-2 · 5th DCA 2009
· cited by 1 in all courts
…with section 63.062, “a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s. 63.082 after the birth of the minor or notice has been served under s. 63.088.... ” § 63.062(1), Fla. Stat. (2004). In order to preserve the necessity of his…
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S.D.T. v. Bundle of Hope Ministries, Inc. 949 So. 2d 1132 · 1D06-2137 · 1st DCA 2007
· cited by 1 in all courts
…under s. 63.089(3), a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s. 63.082 after the birth of the minor or notice has been served under s. 63.088 to: . . . . (b) The father of the minor, if: 1. The minor was conceived or born…
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Department of Children & Family Services v. I.B. 891 So. 2d 1168 · 1D04-0355 · 1st DCA 2005
· cited by 10 in all courts
…parents as is available or readily obtainable. This information shall be kept on file by the department or agency for possible future use as provided in ss. 63.082 and 63.162 or as may be otherwise provided by law. (7) Whenever any child is placed by the department in a shelter home, foster home, or other residential…
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Department of Children & Families v. Adoption of B.G.J. 819 So. 2d 984 · 4D01-5075 · 4th DCA 2002
· cited by 6 in all courts
Order letting the foster parents adopt reversed because the court cannot override DCF's appropriate adoptive selection and DCF's consent must be in writing.
…of DCF’s consent that J.M. and G.M. would be the adoptive parents, and in any event, DCF’s consent must be in writing. See §§ 39.812(5), 63.052(5), 63.082(3)(b), Fla. Stat. (2001). Accordingly, we reverse the final order allowing J.M. and G.M. to adopt B.G.J. and remand for further proceedings consistent with this…
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Y.H. v. F.L.H. 784 So. 2d 565 · 1D00-1832 · 1st DCA 2001
· cited by 19 in all courts
…to her birth, and that the biological parents had executed valid waivers of right to counsel, affidavits of birthparents, and consents for adoption. See § 63.082(5), Fla.Stat. (1999) ("Consent may be withdrawn only when the court finds that the consent was obtained by fraud or duress."). II. An order denying a…
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C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996
…to reference HRS and HRS is specifically referred to in that manner in section 63.062, the preceding section of the statute. See also §§ 63.032, 63.052(1), 63.082. A more reasonable and logical construction of subsection 63.072(4) in the context of the specific provision, the statute as a whole, and interlocking…
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C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996
· cited by 35 in all courts
…to reference HRS and HRS is specifically referred to in that manner in section 63.062, the preceding section of the statute. See also §§ 63.032, 63.052(1), 63.082. A more reasonable and logical construction of subsection 63.072(4) in the context of the specific provision, the statute as a whole, and interlocking…
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In Interest of J.R.G. 624 So. 2d 273 · 2D92-02703 · 2nd DCA 1993
· cited by 5 in all courts
…evidentiary hearing. See § 39.464(1), Fla. Stat. (1991) (consent for voluntary relinquishment can be withdrawn only if obtained by fraud or duress). Cf. § 63.082(5), Fla. Stat. (1991); In re Adoption of Doe, 543 So.2d 741 (Fla. 1989) (consent to adoption is valid and irrevocable absent fraud, duress, or undue…
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M.L.B. v. Department of Health & Rehabilitative Services 559 So. 2d 87 · DCA89-235 · District Court of Appeal 1990
· cited by 8 in all courts
…within the usual pattern. Annulments are more often sought by the parent who gives the child for adoption rather than by the adopting parent. . Section 63.082(3)(b), Florida Statutes (1987), requires HRS to attach a copy of the child's medical history to the form providing consent to adoption. . For a discussion of…
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Matter of Adoption of Doe 524 So. 2d 1037 · 5D87-1277 · 5th DCA 1988
· cited by 9 in all courts
… 460 So.2d 368 (Fla. 1984); Hinkle v. Lindsey, 424 So.2d 983 (Fla. 5th DCA 1983); In re Adoption of Cox, 327 So.2d 776 (Fla. 1976). [9] § 63.082(5), Fla. Stat. (1985); In re Adoption of Cox, 327 So.2d 776 (Fla. 1976); Grabovetz v. Sachs, 262 So.2d 703 (Fla. 3rd DCA), cert. denied, 267…
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Roe v. Doe 524 So. 2d 1037 · DCA87-1277 · District Court of Appeal 1988
· cited by 1 in all courts
… 460 So.2d 368 (Fla.1984); Hinkle v. Lindsey, 424 So.2d 983 (Fla. 5th DCA 1983); In re Adoption of Cox, 327 So.2d 776 (Fla.1976). . § 63.082(5), Fla.Stat. (1985); In re Adoption of Cox, 327 So.2d 776 (Fla.1976); Grabovetz v. Sachs, 262 So.2d 703 (Fla. 3rd DCA), cert. denied, 267 So.2d…
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Fowler v. Weeks 467 So. 2d 1106 · DCA83-1215 · District Court of Appeal 1985
· cited by 1 in all courts
…law. While Florida law is well settled that in the absence of fraud, duress, or undue influence a consent freely and voluntarily given is irrevocable, section 63.082(5), Florida Statutes (1983); In Re Cox, 327 So.2d 776 (Fla.1976); Grabovetz v. Sachs, 262 So.2d 703 (Fla. 3d DCA 1972), the law in Pennsylvania…
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Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms 870 So. 2d 791 · SC04-104 · Florida Supreme Court 2004
· cited by 2 in all courts
PER CURIAM. The 2003 Florida Legislature amended numerous statutes related to adoption, in- *792 eluding sections 63.022, 63.062, 63.082, 63.085, 63.087- 089, 63.102, 63.112, 63.122, 63.132, 63.142, and 63.182, Florida Statutes (2002). The 2003 Florida Legislature also created new laws related…
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In re Amendments to the Florida Supreme Court Approved Family Law Forms 205 So. 3d 1 · SC15-44-2 · Florida Supreme Court 2015
· cited by 1 in all courts
…the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular. This form should be typed or printed in black ink. It must be signed in the presence of a notary public or deputy clerk and…
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In re Amendments to the Florida Supreme Court Approved Family Law Forms 173 So. 3d 19 · SC15-44 · Florida Supreme Court 2015
· cited by 1 in all courts
…the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular. This form should be typed or printed in black ink. It must be signed in the presence of a notary public or deputy clerk and…
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Amendments to Approved Family Law Forms 20 So. 3d 173 · SC08-2058-2 · Florida Supreme Court 2009
…before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082, Florida Statutes, in particular. This form should be typed or printed in black ink. It must be signed in the presence of a notary public or deputy clerk…
No opinion cites this provision by number.
2 admin code rules cite § 63.082
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.
- Rule 65C-16.019 Intervention in Dependency Cases. Implements
- Rule 65C-30.023 Multidisciplinary Team Staffing. (2)(c)cites (6)
No admin code rule cites this provision.
0 CFOPs cite § 63.082
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No CFOP cites § 63.082.
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(1) (1)
(1)(a) Consent to an adoption or an affidavit of nonpaternity shall be executed as follows:
1. If by the person to be adopted, by oral or written statement in the presence of the court or by being acknowledged before a notary public and in the presence of two witnesses.
2. If by an agency, by affidavit from its authorized representative.
3. If by any other person, in the presence of the court or by affidavit acknowledged before a notary public and in the presence of two witnesses.
4. If by a court, by an appropriate order or certificate of the court.
(b) A minor parent has the power to consent to the adoption of his or her child and has the power to relinquish his or her control or custody of the child to an adoption entity. Such consent or relinquishment is valid and has the same force and effect as a consent or relinquishment executed by an adult parent. A minor parent, having executed a consent or relinquishment, may not revoke that consent upon reaching the age of majority or otherwise becoming emancipated.
(c) A consent or an affidavit of nonpaternity executed by a minor parent who is 14 years of age or younger must be witnessed by a parent, legal guardian, or court-appointed guardian ad litem.
(d) The notice and consent provisions of this chapter as they relate to the father of a child do not apply in cases in which the child is conceived as a result of a violation of the criminal laws of this or another state or country, including, but not limited to, sexual battery, unlawful sexual activity with certain minors under s. 794.05, lewd acts perpetrated upon a minor, or incest.
(2) A consent that does not name or otherwise identify the adopting parent is valid if the consent contains a statement by the person consenting that the consent was voluntarily executed and that identification of the adopting parent is not required for granting the consent.
(3) (3)
(3)(a) The department must provide a family social and medical history form to an adoption entity that intends to place a child for adoption. Forms containing, at a minimum, the same information as the forms promulgated by the department must be attached to the petition to terminate parental rights pending adoption and must contain biological and sociological information or information as to the family medical history regarding the minor and the parents. This form is not required for adoptions of relatives, adult adoptions, or adoptions of stepchildren, unless parental rights are being or were terminated pursuant to chapter 39. The information must be filed with the court in the termination of parental rights proceeding.
(b) A good faith and diligent effort must be made to have each parent whose identity is known and whose consent is required interviewed by a representative of the adoption entity before the consent is executed. A summary of each interview, or a statement that the parent is unidentified, unlocated, or unwilling or unavailable to be interviewed, must be filed with the petition to terminate parental rights pending adoption. The interview may be excused by the court for good cause. This interview is not required for adoptions of relatives, adult adoptions, or adoptions of stepchildren, unless parental rights are being or were terminated pursuant to chapter 39.
(c) If any person who is required to consent is unavailable because the person cannot be located, an affidavit of diligent search required under s. 63.088 shall be filed.
(d) If any person who is required to consent is unavailable because the person is deceased, the petition to terminate parental rights pending adoption must be accompanied by a certified copy of the death certificate. In an adoption of a stepchild or a relative, the certified copy of the death certificate of the person whose consent is required may be attached to the petition for adoption if a separate petition for termination of parental rights is not being filed.
(4) (4)
(4)(a) An affidavit of nonpaternity may be executed before the birth of the minor; however, the consent to an adoption may not be executed before the birth of the minor except in a preplanned adoption pursuant to s. 63.213.
(b) A consent to the adoption of a minor who is to be placed for adoption may be executed by the birth mother 48 hours after the minor’s birth or the day the birth mother is notified in writing, either on her patient chart or in release paperwork, that she is fit to be released from the licensed hospital or birth center, whichever is earlier. A consent by any man may be executed at any time after the birth of the child. The consent is valid upon execution and may be withdrawn only if the court finds that it was obtained by fraud or duress.
(c) If the minor to be adopted is older than 6 months of age at the time of the execution of the consent, the consent to adoption is valid upon execution; however, it is subject to a revocation period of 3 business days.
(d) The consent to adoption or the affidavit of nonpaternity must be signed in the presence of two witnesses and be acknowledged before a notary public who is not signing as one of the witnesses. The notary public must legibly note on the consent or the affidavit the date and time of execution. The witnesses’ names must be typed or printed underneath their signatures. The witnesses’ home or business addresses must be included. The person who signs the consent or the affidavit has the right to have at least one of the witnesses be an individual who does not have an employment, professional, or personal relationship with the adoption entity or the prospective adoptive parents. The adoption entity must give reasonable advance notice to the person signing the consent or affidavit of the right to select a witness of his or her own choosing. The person who signs the consent or affidavit must acknowledge in writing on the consent or affidavit that such notice was given and indicate the witness, if any, who was selected by the person signing the consent or affidavit. The adoption entity must include its name, address, and telephone number on the consent to adoption or affidavit of nonpaternity.
(e) A consent to adoption being executed by the birth parent must be in at least 12-point boldfaced type and shall contain the following recitation of rights:
CONSENT TO ADOPTION YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR WITNESSES YOU SELECTED, IF ANY. YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS CONSENT: 1. CONSULT WITH AN ATTORNEY; 2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE LEGALLY PROHIBITED; 3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD; 4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; AND 5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION. IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED FOR ADOPTION UPON THE CHILD’S RELEASE FROM A LICENSED HOSPITAL OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY BE EXECUTED. ANY MAN MAY EXECUTE A CONSENT AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE INVALIDATED UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR DURESS. IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS AND YOU WISH TO INVALIDATE THAT CONSENT, YOU MUST: 1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT YOU WISH TO WITHDRAW YOUR CONSENT; AND 2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR DURESS. This statement of rights is not required for the adoption of a relative, an adult, a stepchild, or a child older than 6 months of age. A consent form for the adoption of a child older than 6 months of age at the time of the execution of consent must contain a statement outlining the revocation rights provided in paragraph (c).
(5) A copy or duplicate original of each consent signed in an action for termination of parental rights pending adoption must be provided to the person who executed the consent to adoption. The copy must be hand delivered, with a written acknowledgment of receipt signed by the person whose consent is required at the time of execution. If a copy of a consent cannot be provided as required in this subsection, the adoption entity must execute an affidavit stating why the copy of the consent was not delivered. The original consent and acknowledgment of receipt, or an affidavit stating why the copy of the consent was not delivered, must be filed with the petition for termination of parental rights pending adoption.
(6) (6)
(6)(a)1. The Legislature finds that there is a compelling state interest in ensuring that a child involved in chapter 39 proceedings is served in a way that minimizes his or her trauma, provides safe placement, maintains continuity of bonded placements, and achieves permanency as soon as possible.
2. The Legislature finds that the use of intervention in dependency cases for the purpose of adoption has the potential to be traumatic for a child in the dependency system and that the disruption of a stable and bonded long-term placement by a change of placement to a person or family with whom the child has no bond or connection may create additional trauma.
3. The Legislature finds that the right of a parent to determine an appropriate placement for a child who has been found dependent is not absolute and must be weighed against other factors that take the child’s safety, well-being, and best interests into account.
4. It is the intent of the Legislature to reduce the disruption of stable and bonded long-term placements that have been identified as prospective adoptive placements.
(b) If a parent executes a consent for adoption of a child with an adoption entity or qualified prospective adoptive parents and the child is under the supervision of the department, or otherwise subject to the jurisdiction of the dependency court as a result of the entry of a shelter order, a dependency petition, or a petition for termination of parental rights pursuant to chapter 39, the adoption consent is valid, binding, and enforceable by the court. For the purposes of this subsection, a consent to adoption of a child with an adoption entity or qualified prospective adoptive parents is valid if executed during the pendency of the chapter 39 proceeding up to and including the 30th day after the filing of the petition for termination of parental rights pursuant to s. 39.802.
(c) Upon execution of the consent of the parent, the adoption entity may file a motion to intervene and change placement of the child in the dependency case as a party in interest and must provide the court that acquired jurisdiction over the child, pursuant to the shelter order or dependency petition filed by the department, a copy of the preliminary home study of the prospective adoptive parents selected by the parent or adoption entity and any other evidence of the suitability of the placement. The preliminary home study must be maintained with strictest confidentiality within the dependency court file and the department’s file. A preliminary home study must be provided to the court in all cases in which an adoption entity has been allowed to intervene pursuant to this section.
(d)1. If an adoption entity files a motion to intervene and change placement of the child in the dependency case in accordance with this chapter, the dependency court must promptly grant an evidentiary hearing to determine whether:
a. The adoption entity has filed the required documents to be allowed to intervene;
b. The preliminary home study is adequate and provides the information required to make a best interests determination; and
c. The change of placement of the child is in the best interests of the child.
2. Absent good cause or mutual agreement of the parties, the final hearing on the motion to intervene and change placement of the child must be held within 30 days after the filing of the motion, and a written final order shall be filed within 15 days after the hearing.
(e) If the child has been in his or her current placement for at least 9 continuous months or 15 of the last 24 months immediately preceding the filing of the motion to intervene, and that placement is a prospective adoptive placement, there is a rebuttable presumption that the placement is stable and that it is in the child’s best interests to remain in that current stable placement. The court shall grant party status to the current caregiver who is a prospective adoptive placement for the limited purpose of filing motions and presenting evidence pursuant to this subsection. This limited party status expires upon the issuance of a final order on the motion to intervene and change of placement of the child. To rebut the presumption established in this paragraph, the intervening party must prove by clear and convincing evidence that it is in the best interests of the child to disrupt the current stable prospective adoptive placement using the factors set forth in paragraph (f) and any other factors that the court deems relevant.
(f) At a hearing to determine whether it is in the best interests of a child to change placement to the prospective adoptive parents selected by the parent or adoption entity, the court shall consider and weigh all relevant factors, including, but not limited to:
1. The permanency offered by both the child’s current placement and the prospective adoptive placement selected by the parent or adoption entity;
2. The established bond between the child and the current caregiver with whom the child is residing if that placement is a prospective adoptive placement;
3. The stability of the prospective adoptive placement in which the child has been residing, which must be presumed stable if the placement meets the requirements of paragraph (e), as well as the desirability of maintaining continuity of placement;
4. The importance of maintaining sibling relationships, if possible;
5. The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient maturity, understanding, and experience to express a preference;
6. Whether a petition for termination of parental rights has been filed pursuant to s. 39.806(1)(f), (g), or (h); and
7. What is best for the child.
(g)1. If after consideration of all relevant factors, including those set forth in paragraph (f), the court determines that the home study is adequate and provides the information necessary to make a determination that the prospective adoptive parents are properly qualified to adopt the child and that the change of placement is in the best interests of the child, the court must order the change of placement to the prospective adoptive placement selected by the parent or adoption entity, under the supervision of the adoption entity.
2. The order must allow for a reasonable period of time to transition placement in accordance with a transition plan developed by the department in consultation with the current caregivers, the prospective adoptive parent, and the guardian ad litem, if one is appointed.
3. The transition plan must be developed to minimize the trauma of removal from his or her current placement and take the needs of each child into account, including each child’s age, relationships, bonds, and preferences.
4. The adoption entity must thereafter provide monthly supervision reports to the department until finalization of the adoption. If the child has been determined to be dependent by the court, the department must provide information to the prospective adoptive parents at the time they receive placement of the dependent child regarding approved parent training classes available within the community. The department must file with the court an acknowledgment of the prospective adoptive parents’ receipt of the information regarding approved parent training classes available within the community.
(h) The adoption entity is responsible for keeping the dependency court informed of the status of the adoption proceedings at least every 90 days from the date of the order changing placement of the child until the date of finalization of the adoption.
(i) The parent who is a party to the dependency case must be provided written notice of his or her right to participate in a private adoption plan, including written notice of the factors identified in paragraph (f). This written notice must be provided with the petition for dependency filed pursuant to s. 39.501, in the order that adjudicates the child dependent issued pursuant to s. 39.507, in the order of disposition issued pursuant to s. 39.521, in the order that approves the case plan issued pursuant to s. 39.603, and in the order that changes the permanency goal to adoption issued pursuant to s. 39.621.
(7) If a person is seeking to revoke consent for a child older than 6 months of age:
(a) The person seeking to revoke consent must, in accordance with paragraph (4)(c), notify the adoption entity in writing by certified mail, return receipt requested, within 3 business days after execution of the consent. As used in this subsection, the term “business day” means any day on which the United States Postal Service accepts certified mail for delivery.
(b) Upon receiving timely written notice from a person whose consent to adoption is required of that person’s desire to revoke consent, the adoption entity must contact the prospective adoptive parent to arrange a time certain for the adoption entity to regain physical custody of the minor, unless, upon a motion for emergency hearing by the adoption entity, the court determines in written findings that placement of the minor with the person who had legal or physical custody of the child immediately before the child was placed for adoption may endanger the minor or that the person who desires to revoke consent is not required to consent to the adoption, has been determined to have abandoned the child, or is otherwise subject to a determination that the person’s consent is waived under this chapter.
(c) If the court finds that the placement may endanger the minor, the court shall enter an order continuing the placement of the minor with the prospective adoptive parents pending further proceedings if they desire continued placement. If the prospective adoptive parents do not desire continued placement, the order must include, but need not be limited to, a determination of whether temporary placement in foster care, with the person who had legal or physical custody of the child immediately before placing the child for adoption, or with a relative is in the best interests of the child and whether an investigation by the department is recommended.
(d) If the person revoking consent claims to be the father of the minor but has not been established to be the father by marriage, court order, or scientific testing, the court may order scientific paternity testing and reserve ruling on removal of the minor until the results of such testing have been filed with the court.
(e) The adoption entity must return the minor within 3 business days after timely and proper notification of the revocation of consent or after the court determines that revocation is timely and in accordance with the requirements of this chapter upon consideration of an emergency motion, as filed pursuant to paragraph (b), to the physical custody of the person revoking consent or the person directed by the court. If the person seeking to revoke consent claims to be the father of the minor but has not been established to be the father by marriage, court order, or scientific testing, the adoption entity may return the minor to the care and custody of the mother, if she desires such placement and she is not otherwise prohibited by law from having custody of the child.
(f) Following the revocation period described in paragraph (a), consent may be set aside only when the court finds that the consent was obtained by fraud or duress.
(g) An affidavit of nonpaternity may be set aside only if the court finds that the affidavit was obtained by fraud or duress.
(h) If the consent of one parent is set aside or revoked in accordance with this chapter, any other consents executed by the other parent or a third party whose consent is required for the adoption of the child may not be used by the parent whose consent was revoked or set aside to terminate or diminish the rights of the other parent or third party whose consent was required for the adoption of the child.
History. s. 8, ch. 73-159; s. 17, ch. 77-147; s. 2, ch. 78-190; s. 2, ch. 91-99; s. 7, ch. 92-96; s. 14, ch. 2001-3; s. 15, ch. 2003-58; s. 10, ch. 2008-151; s. 13, ch. 2012-81; s. 9, ch. 2013-15; s. 2, ch. 2016-71; s. 1, ch. 2023-257.