West's F.S.A. § 63.087
West's Florida Statutes Annotated Currentness
Title VI. Civil Practice and Procedure (Chapters 45-89)
Chapter 63. Adoption
63.087.
Proceeding to terminate parental rights pending adoption; general provisions
(1)
Jurisdiction.--A
court of this state which is competent to decide child welfare or
custody matters has jurisdiction to hear all matters arising from a
proceeding
to terminate parental rights pending adoption.
(b)
If a petition for termination
of parental rights has been filed and a parent whose consent is
required objects to venue, there must be a hearing in which the court
shall determine whether that parent intends to assert legally recognized
grounds to contest a termination of parental rights
and, if so, the court may transfer venue to a proper venue under this
subsection. For purposes of selecting venue, the court shall consider
the ease of access to the court for the parent and the factors set forth
in s. 47.122.
(c) If there is a transfer of venue,
the court may determine which party shall bear the cost of venue transfer.
For
purposes of the hearing under this subsection,
witnesses located in another jurisdiction may testify by deposition or
testify by telephone, audiovisual means, or other electronic means
before a designated court or at another location. Documentary evidence
transmitted from another location by technological
means that do not produce an original writing may not be excluded from
evidence on an objection based on the means of transmission. The court
on its own motion may otherwise prescribe the manner and terms upon
which the testimony is taken.
(3)
Prerequisite for adoption.--A
petition for adoption may not be filed until after the date the court
enters the judgment terminating parental rights pending adoption.
Adoptions of relatives, adult adoptions, or adoptions of stepchildren
are not required to file a separate termination of parental rights
proceeding pending adoption. In such cases, the petitioner may file a
joint petition for termination of parental rights
and adoption, attaching all required consents, affidavits, notices, and
acknowledgments. Unless otherwise provided by law, this chapter applies
to joint petitions.
(a)
A proceeding seeking to terminate
parental rights pending adoption pursuant to this chapter must be
initiated by the filing of an original petition after the birth of the
minor.
(b)
The petition may be filed by a
parent or person having physical custody of the minor. The petition may
be filed by an adoption entity only if a parent or person having
physical or legal custody who has executed a consent to adoption
pursuant to s. 63.082 also consents in writing to the
adoption entity filing the petition. The original of such consent must
be filed with the petition.
(c) The petition must be entitled:
"In the Matter of the Termination of Parental Rights for the Proposed Adoption of a Minor Child."
(d) The petition to terminate parental
rights pending adoption must be in writing
and signed by the petitioner under oath stating the petitioner's good
faith in filing the petition. A written consent to adoption, affidavit
of nonpaternity, or affidavit of diligent search under s. 63.088, for
each person whose consent to adoption is required
under s. 63.062, must be executed and attached.
1.
The minor's name, gender, date
of birth, and place of birth. The petition must contain all names by
which the minor is or has been known, excluding the minor's prospective
adoptive name but including the minor's legal name at the time of the
filing of the petition. In the case of an infant
child whose adoptive name appears on the original birth certificate,
the adoptive name shall not be included in the petition, nor shall it be
included elsewhere in the termination of parental rights proceeding.
2. All information required by the
Uniform Child Custody Jurisdiction and Enforcement
Act and the
Indian Child Welfare Act.
4. The name, address, and telephone
number of any adoption entity seeking to place the minor for adoption.
5. The name, address, and telephone
number of the division of the circuit court in which the petition is to be filed.
6. A certification of compliance with
the requirements of s. 63.0425 regarding notice to grandparents of an impending adoption.
(5)
Summons to be issued.--The petitioner shall cause a summons to be issued
substantially
in the form provided
in Form 1.902, Florida Rules of Civil Procedure. Petition and summons
shall be served upon any person whose consent has been provided but who
has not waived service of the pleadings and notice of the hearing
thereon and also upon any person whose consent is
required but who has not provided that consent.
(6)
Answer and appearance required.--An
answer to the petition or any pleading requiring an answer must be
filed in accordance with the Florida Family Law Rules of Procedure.
Failure to file a written response to the petition constitutes grounds
upon which the court may terminate parental rights. Failure to appear at
the hearing constitutes grounds upon which the court may terminate
parental rights. Any person present at the hearing
to terminate parental rights pending adoption whose consent to adoption
is required under s. 63.062 must:
(a) Be advised by the court that he
or she has a right to ask that the hearing be reset for a later date so that the person may consult with an attorney; and
CREDIT(S)
Added by Laws 2001, c. 2001-3, § 16, eff. Oct.
1, 2001. Amended by Laws 2003, c. 2003-58, § 17, eff. May 30, 2003; Laws 2005, c. 2005-2, § 8, eff. July 5, 2005; Laws
2008, c.
2008-151, § 12, eff. July 1, 2008.
Amendment Notes:
Laws 2003, c. 2003-58, § 17, rewrote this section, which formerly read:
"(1)
Intent.--It is the intent of the Legislature
that a court determine whether a minor is legally available for
adoption through a separate proceeding terminating parental rights prior
to the filing of a petition for adoption.
"(2)
Governing rules.--The Florida Family Law Rules of Procedure govern a
proceeding to terminate parental rights pending adoption unless
otherwise provided by law.
"(3)
Jurisdiction.--A court of this state which is competent to decide child
welfare or custody matters has jurisdiction to hear all matters arising
from a proceeding to
terminate parental rights pending adoption. All subsequent proceedings
for the adoption of the minor, if the petition for termination is
granted, must be conducted by the same judge who conducted the
termination proceedings, if that judge is still available
within the division of the court which conducts termination or adoption
cases or, if that judge is unavailable, by another judge within the
division.
"(4) Venue.--
"(a) A petition to terminate parental rights pending adoption must be filed:
"2.
If the child is younger than 6 months of age or has not continuously
resided in one county for the previous 6 months, in the county where the
parent resided at the time
of the execution of the consent to adoption or the affidavit of
nonpaternity;
"3.
If the child is younger than 6 months of age and a waiver of venue has
been obtained pursuant to s. 63.062 in the county where the adoption
entity is located or, if the
adoption entity has more than one place of business, in the county
which is located in closest proximity to the county in which the parent
whose rights are to be terminated resided at the time of execution of
the consent or affidavit of nonpaternity;
"4. If there is no consent or affidavit of nonpaternity executed by a parent, in the county where the birth mother resides; or
"5. If neither parent resides in the state, in the county where the adoption entity is located.
"(b) If a petition for termination of parental rights has been filed and a
parent
whose rights are to be terminated
objects to venue, there must be a hearing in which the court shall
determine whether that parent intends to assert legally recognized
grounds to contest a termination of parental rights and, if so, the
court shall immediately transfer venue to the county where
that parent resides, if there is such a county, or, if not, a county
where:
"1. At least one parent whose rights are to be terminated resides;
"2. At least one parent resided at the time of execution of a consent or affidavit of nonpaternity; or
"3. The adoption entity is located, if neither subparagraph 1. nor subparagraph 2. applies.
"For
purposes of selecting venue, the court shall consider the ease of
access to the court for the parent who intends to contest a termination
of parental rights.
"(c) If there is a transfer of venue, the adoption entity or the petitioner must bear the cost of venue transfer.
"For
purposes of the hearing under this
subsection, witnesses located in another jurisdiction may testify by
deposition or testify by telephone, audiovisual means, or other
electronic means before a designated court or at another location.
Documentary evidence transmitted from another location by
technological means that do not produce an original writing may not be
excluded from evidence on an objection based on the means of
transmission. The court on its own motion may otherwise prescribe the
manner in which and the terms upon which the testimony
is taken.
"(5)
Prerequisite for adoption.--A petition for adoption may not be filed
until 30 days after the date the judge signed the judgment terminating
parental rights pending adoption
under this chapter, unless the adoptee is an adult or the minor has
been the subject of a judgment terminating parental rights under chapter
39.
"(6) Petition.--
"(a)
A proceeding seeking to terminate parental rights pending adoption
pursuant to this chapter must be initiated by the filing of an original
petition after the birth of
the minor.
"(b)
The petition may be filed by a parent
or person having legal custody of the minor. The petition may be filed
by an adoption entity only if a parent or person having legal custody
who has executed a consent to adoption pursuant to s. 63.082 consents in
writing to the entity filing the petition.
The original of such consent must be filed with the petition.
"(c)
The petition must be entitled: 'In the Matter of the Termination of
Parental Rights for the Proposed Adoption of a Minor Child.'
"(d)
A petition to terminate parental rights must be consolidated with a
previously filed petition for a declaratory statement filed under s.
63.102 . Only one filing fee
may be assessed for both the termination of parental rights and
declaratory statement petitions.
"(e)
The petition to terminate parental rights pending adoption must be in
writing and signed by the petitioner under oath stating the petitioner's
good faith in filing the
petition. A written consent to adoption, affidavit of nonpaternity, or
affidavit of diligent search under s. 63.088, for each person whose
consent to adoption is required under s. 63.062, must be executed and
attached.
"1.
The minor's name, gender, date of birth, and place of birth. The
petition must contain all names by which the minor is or has been known,
excluding the minor's prospective
adoptive name but including the minor's legal name at the time of the
filing of the petition, to allow interested parties to the action,
including parents, persons having legal custody of the minor, persons
with custodial or visitation rights to the minor,
and persons entitled to notice pursuant to the Uniform Child Custody
Jurisdiction Act or the Indian Child Welfare Act, to identify their own
interest in the action.
"2.
If the petition is filed before the day the minor is 6 months old and
if the identity or location of the father is unknown, each city in which
the mother resided or traveled,
in which conception may have occurred, during the 12 months before the
minor's birth, including the county and state in which that city is
located.
"3.
Unless a consent to adoption or affidavit of nonpaternity executed by
each person whose consent is required under s. 63.062 is attached to the
petition, the name and
the city of residence, including the county and state in which that
city is located, of:
"b. Any man who the mother reasonably believes may be the minor's father; and
"c. Any person who has legal custody, as defined in s. 39.01, of the minor.
"If a required name or address is not known, the petition must so state.
"4. All information required by the Uniform Child Custody Jurisdiction Act and the Indian Child Welfare Act.
"5. A statement of the grounds under s. 63.089 upon which the petition is based.
"6. The name, address, and telephone number of any adoption entity seeking to place the minor for adoption.
"7. The name, address, and telephone number of the division of the circuit court in which the petition is to be filed.
"8. A certification of compliance with
the requirements of s. 63.0425 regarding notice to grandparents of an impending adoption.
"(7)
Answer not required.--An answer to the petition or any pleading need
not be filed by any minor, parent, or person having legal custody of the
minor, but any matter that
might be set forth in an answer or other pleading may be pleaded orally
before the court or filed in writing. However, failure to file a
written response or to appear at the hearing on the petition constitutes
grounds upon which the court may terminate parental
rights. Notwithstanding the filing of any answer or any pleading, any
person present at the hearing to terminate parental rights pending
adoption whose consent to adoption is required under s. 63.062 must:
"(a)
Be advised by the court that he or she has a right to ask that the
hearing be reset for a later date so that the person may consult with an
attorney;
"(b) Be given an opportunity to deny the allegations in the petition; and
"(c) Be given the opportunity to challenge the validity of any consent or affidavit of nonpaternity signed by any person."
Laws 2005, c. 2005-2, a reviser's bill,
deleted obsolete and expired provisions, corrected grammatical and typographical errors, and made other similar changes.
Laws 2008, c. 2008-151, § 12, rewrote subsecs. (2), (3), and (6), which formerly read:
"(2) Venue.--
"(a) A petition to terminate parental rights pending adoption must be filed:
"1. In the county where the child resides;
"2. If the child does not reside in the State of Florida, in the county where the adoption entity is located;
"3. In the county where the adoption entity is located; or
"4.
If neither parent resides in the state, in the county where the
adoption entity is located. The fact of the minor's presence within the
state confers jurisdiction on
the court in proceedings in the minor's case under this chapter,
or to a parent or guardian if due notice has been given.
"(b)
If a petition for termination of parental rights has been filed and a
parent whose rights are to be terminated objects to venue, there must be
a hearing in which the
court shall determine whether that parent intends to assert legally
recognized grounds to contest a termination of parental rights and, if
so, the court shall immediately transfer venue to the county where that
parent resides or resided at the time of the
execution of the consent. For purposes of selecting venue, the court
shall consider the ease of access to the court for the parent who
intends to contest a termination of parental rights.
"(c) If there is a transfer of venue, the court may determine which party shall bear the cost of venue transfer.
"For
purposes of the hearing under this subsection, witnesses located in
another jurisdiction may testify by deposition or testify by telephone,
audiovisual means, or other
electronic means before a designated court or at another
location. Documentary evidence transmitted from another
location by technological means that do not produce an original writing
may not be excluded from evidence on an objection based on the means of
transmission. The court on its own motion may otherwise
prescribe the manner in which and the terms
upon which the testimony is taken.
"(3)
Prerequisite for adoption.--A petition for adoption may not be filed
until after the date the court enters the judgment terminating parental
rights pending adoption
under this chapter or under chapter 39. Adoptions of relatives, adult
adoptions, or adoptions of stepchildren shall not be required to file a
separate termination of parental rights proceeding pending adoption. In
such cases, all required consents, affidavits,
notices, and acknowledgments shall be attached to the petition for
adoption or filed separately in the adoption proceeding."
"(6)
Answer required.--An answer to the petition or any pleading requiring
an answer shall be filed in accordance with the Florida Rules of Civil
Procedure. Failure to file
a written response or to appear at the hearing on the petition
constitutes grounds upon which the court may terminate parental rights.
The petitioner shall provide notice of the final hearing by United
States mail to any person who has been served with the
summons and petition for termination of parental rights within the
specified time periods. Notwithstanding the filing of any answer or any
pleading, any person present at the hearing to terminate parental rights
pending adoption whose consent to adoption is
required under s. 63.062 must:
"(a) Be advised by the court that he or
she has a right to ask that the hearing be reset for a later date so that the person may consult with an attorney; and
"(b) Be given an opportunity to deny the allegations in the petition."
West's F. S. A. § 63.087, FL ST § 63.087
Twenty-First
Legislature