CopyCited 134 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660
..., is a comprehensive statutory scheme intended to provide a mechanism "to protect and promote the well-being of persons being adopted and their birth and adoptive parents and to provide to all children who can benefit by it a permanent family life." § 63.022(3), Fla. Stat. (2005). The most prevalent theme in the discussion of legislative intent is that of permanence, stability, and finality with regard to adoptive placements, all very important factors in the life of a child. Section 63.022(1)(a), Florida Statutes (2005), provides: "The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children." Similarly, other provisions of section 63.022 address the right of an unmarried mother to "assurance regarding an adoptive placement," the right of adoptive children "to permanence and stability in adoptive placements," and the right of adoptive parents "in retaining custody of a legally adopted child." § 63.022(1)(b)-(d), Fla....
...The state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity rights in accordance with the requirements of this chapter. § 63.022(1)(e), Fla....
...married biological fathers in order to promote finality and certainty by providing that an unmarried biological father must file a claim of paternity with the Registry "[i]n order to preserve the right to notice and consent to an adoption." Further, section 63.022(4)(a), Florida Statutes (2005), states that one of the safeguards intended to be provided by the chapter is that the minor be "legally free for adoption." In order for the child to be determined "legally free for adoption," the Legisla...
...nd that "[t]he state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support" by establishing legal paternity rights in accord with the chapter. § 63.022(1)(e), Fla....
...The Legislature has found that "[t]he state has a compelling interest in providing stable and permanent homes for adoptive *203 children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children." § 63.022(1)(a), Fla....
...to establish a substantial relationship with their child placed for adoption. See Lehr,
463 U.S. at 262,
103 S.Ct. 2985. In fact, even the Florida Legislature has recognized that unmarried biological fathers have an interest in this opportunity. See §
63.022(1)(e), Fla....
CopyCited 43 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 18807, 2005 WL 2085656
...of entitlement to it.”). Florida’s adoption laws—like the adoption laws of most
states—provide that the decision to place a child in a prospective home is a
discretionary one, where the “best interests of the child” always govern. See Fla.
Stat. Ann. § 63.022(2) (“It is the intent of the Legislature that in every adoption,
the best interest of the child should govern and be of foremost concern in the
court’s determination.”)....
...outcome if certain conditions are met). As mentioned earlier, Florida law grants
licensed adoption agencies, and the courts which ultimately approve adoptions, the
discretionary authority to make a decision in the child’s best interests. See Fla.
Stat. Ann. §§
63.022(2),
63.125(1),
63.142(4)....
CopyCited 38 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 659, 2004 Fla. LEXIS 1990, 2004 WL 2534335
...The courts are charged with the duty of ensuring that the best interests of the children are advanced. See In re Adoption of Doe,
543 So.2d 741 (Fla.1989) (stating that the best interest of the child in adoption proceedings is the paramount consideration); see also, §§
63.022(2)( l ),
63.122(5),
63.142(4), Fla....
...ive jurisdiction in all matters pertaining to the child's adoption pursuant to chapter 63." Additionally, the court is statutorily required to enter orders necessary to protect the best interests of the children involved in adoption proceedings. See § 63.022(2)( l ), Fla....
CopyCited 33 times | Published | Supreme Court of Florida | 1989 WL 36465
...Here, the father never consented and sought to obtain the child immediately upon his birth. The adoptive parents are interlopers, albeit benign, in this case. The issue of the best interest of this child arises only when the child is legally free for adoption. § 63.022(2), Fla....
...as well as he might have when she was pregnant with you. Even to a child these explanations are inadequate. I would approve the decision of the district court of appeal and direct an immediate delivery of the child to the natural parents. NOTES [1] Section 63.022(1), Florida Statutes (1985), provides: "It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life." Subsequent to the district court opinion, the legislature has made its intent even more explicit by adding a new subsection 63.022(2)( l ), Florida Statutes (1987), which states: "In all matters coming before the court pursuant to this act, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person...
CopyCited 25 times | Published | District Court, S.D. Florida | 71 U.C.C. Rep. Serv. 2d (West) 431, 2010 U.S. Dist. LEXIS 22761, 2010 WL 841305
terms of the contract." 23 Williston on Contracts § 63:22 (4th ed.); see, e.g., Burger King Corp. v. C.R
CopyCited 22 times | Published | Florida 4th District Court of Appeal | 1996 WL 165019
...amily be achieved as soon as possible for every child in foster care and that no child remain in foster care for more than 1 year." § 39.45(2), Fla.Stat. Of course, the trial court must act in the child's best interests in adoption proceedings. See § 63.022(1), (2), Fla.Stat....
CopyCited 15 times | Published | Florida 5th District Court of Appeal
...f the child to do so, and: (a) If the court finds that the parent has abandoned, abused or neglected the child; ... [2] The public policy of Florida favors a permanent family life for children rather than merely an indefinite protective custody. See § 63.022, Fla....
CopyCited 14 times | Published | Florida 5th District Court of Appeal
...hild, the primary issue is the best-interest and welfare of the child. Harden v. Thomas,
329 So.2d 389 (Fla. 1st DCA 1976); In re Adoption By Cooper,
242 So.2d 196 *81 (Fla. 1st DCA 1970); In re Vincent's Adoption,
219 So.2d 454 (Fla. 1st DCA 1969). Section
63.022 of the Florida Statutes (1979) provides: (1) It is the intent of the legislature to protect and promote the well-being of persons being adopted .....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1995 WL 627459
...The procedure utilized by Michael's parents in this case violates the intent and purposes of the Florida adoption law. The Legislative intent under Chapter 63 adoption proceedings is to "protect and promote the well-being of persons being adopted." Section 63.022(1). The courts are instructed to enter orders necessary and suitable to "promote and protect the best interests of the person to be adopted." Section 63.022(2)(1)....
CopyCited 13 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422
child under the Florida or federal constitutions); §
63.022(l)(e), Fla. Stat. (“An unmarried biological father
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1993 WL 496042
...sis for the classification," the courts must defer to the legislature. Id., ___ U.S. at ___,
113 S.Ct. at 2642. The state clearly has a legitimate governmental purpose in seeking to provide for the best interests of children in need of adoption. Cf. §
63.022(1), Fla....
...la. 1984). The legislative intent of the Florida adoption statute is to: protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life. § 63.022, Fla. Stat. (1990). Courts are directed to enter orders as deemed necessary and suitable to promote and protect the best interest of the person to be adopted, § 63.022(2)( l )....
...In this case, the state has asserted no compelling interest, or, for that matter, any substantial or even rational interest. Even if it had, the government interest involved is protecting the best interests of children to be adopted, and providing all children who can benefit from it a permanent family life, § 63.022....
...645, 650,
92 S.Ct. 1208, 1212,
31 L.Ed.2d 551 (1972). The intent of the Florida adoption statute, in addition to protecting the prospective adoptees' best interests, is to also promote and protect the wellbeing of the natural and adoptive parents involved, §
63.022(1), Fla. Stat. (1990). The statute intends to "provide to all children who can benefit by it a permanent family life," §
63.022(1)....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2004 WL 1228862
...The person seeking to adopt the child may not file a petition for adoption until the judgment terminating parental rights becomes final. An adoption proceeding under this subsection is governed by chapter 63, as limited under s.
63.037. (emphasis added) Chapter 63 specifically provides:
63.022....
...adoptions under chapter 63 must be in the "best interests" of the child. We find section
39.812 is facially constitutional. Section
39.812(5) specifically provides that an adoption proceeding under this subsection is governed by chapter 63. In turn, section
63.022(2) specifically provides that in every adoption, the best interests of the child should govern and be of foremost concern in the court's determination....
...However, we do conclude the trial court erred in this case by refusing to consider the child's best interests before changing placement from the foster parents to the relatives. The trial court clearly has the authority, as well as the duty, under sections
39.812(4) and(5) and section
63.022(2) to consider the child's best interests in these circumstances....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2467056
...This case demonstrates the need for procedural mechanisms to ensure cooperation and coordination between circuit courts when a child is the subject of a dependency in one division of the circuit court and the subject of a private adoption in another division or circuit. Cf. § 63.022(5), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 7815, 2014 WL 2109130
...A pleading is not governed by its label, but by its substance. Balboa Ins. Co. v. W.G. Mills, Inc.,
403 So.2d 1149, 1151 (Fla. 2d DCA 1981) (citing Sodikoff v. Allen Parker Co.,
202 So.2d 4 (Fla. 3d DCA 1967)). . The adoption decree was consistent with the intent of the Legislature set forth in section
63.022, Florida Statutes (2012), which provides, in part: (1) The Legislature finds that: (a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption o...
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2007 WL 412790
...directive to the lower court or to the department to do more than give due consideration to any application to adopt A.A. that (a) potential adoptive parent(s) may file, so "that all adoptions are handled in accordance with the requirements of law," § 63.022(4)(a), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1998 WL 210570
...under chapter 63, albeit in a more limited way. Although such litigation is between private parties, the power to terminate the rights of the nonconsenting parent is vested solely in the judicial branch of the state government. Indeed, as stated in section 63.022(2)(b), Florida Statutes (1993), one of the "basic safeguards" of the adoption chapter is to provide that "[t]he required persons consent to the adoption or the parent-child relationship is terminated by judgment of the court." (emphasis supplied)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2005 WL 2292311
...On this premise, the Legislature has sent a clear message that an unmarried biological father who intends to solidify his parental rights must come forward and "demonstrate a timely and full commitment to the responsibilities of parenthood" by providing care and support and by establishing legal paternity rights. See § 63.022(1)(e), Fla....
...e the state's "compelling *662 interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children." See § 63.022(1)(a), Fla....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit
benefit by it a permanent family life.” Fla. Stat. §
63.022(3) (2003). Yet, Florida’s foster care system has
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1995 WL 581377
...Our holding is consistent with the settled public policy of Florida in regards to both adoption and child support, which "protect[s] and promote[s] the well-being of persons being adopted" by ensuring that parents properly provide for their children prior to adoption. § 63.022(1), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...ch he candidly conceded at the adoption hearing. [5] Section 63.072(1), Florida Statutes (1979). [6] The preamble to the new statute entitled "Legislative Intent" does address the "well being of the person being adopted" but this general language in Section 63.022(1) is obviously overwhelmed by the choice of words in Section 63.072(1)....
CopyCited 4 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 325, 2008 Fla. LEXIS 1243
...grandparents' involvement in the child's life. We find that this answer is consistent with *982 what the Legislature has recognized to be the State's compelling interest in providing stable and permanent homes for adoptive children, as expressed in section 63.022(1)(a), Florida Statutes (2005), and to enforce the child's statutory right to permanence and stability in adoptive placements as set forth in section 63.022(1)(c), Florida Statutes (2005)....
...See In re Palmer's Adoption,
129 Fla. 630,
176 So. 537, 538 (1937); Harden v. Thomas,
329 So.2d 389, 390 (Fla. 1st DCA 1976). Accordingly, the trial court's determination on adoption must be grounded in the provisions of chapter 63, Florida Statutes, the "Florida Adoption Act." In section
63.022, as we stated earlier, the Legislature declared the State's "compelling interest" in adoptions, and it further made legislative findings and stated its intent in respect to adoptions: (1) The Legislature finds that: (a) The state has a...
...(3) It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their birth and adoptive parents and to provide to all children who can benefit by it a permanent family life, and, whenever appropriate, to maintain sibling groups. § 63.022(1)-(3), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care for longer than 1 year," §
39.001(1)(a), (1)(h), Fla. Stat. (2003), and say that "[t]he state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner," §
63.022(1)(a), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 188243
...logical father's interest in his child as "an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during pregnancy and after the child's birth." § 63.022(1)(e)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...The content of the reports and their concealment are the grounds for the allegations of fraud. The purpose of the Florida Adoption Act is "to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide all children who can benefit by it a permanent family life." § 63.022, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 14014, 61 A.L.R. 6th 621
...hearing in this case. [6] IV. We next consider how the adoption statute works. The statute requires that there be individual studies which the judge must consider in order to decide whether the proposed adoption is in the best interest of the child. § 63.022(2), (4)(c), Fla....
...e's "compelling interest in providing a stable and permanent home," [20] for these children. When the ban was enacted in 1977, the adoption statute was much shorter. The legislative intent of the "Florida Adoption Act" was summarized at that time in section 63.022(1): It is the intent of the legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life....
...sary consents have been obtained and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered." The Act was substantially modified in 2001, 24 years after the enactment of the categorical ban. Subsection 63.022(2), part of the 2001 overhaul, states: It is the intent of the Legislature that in every adoption, the best interest of the child should govern and be of foremost concern in the court's determination....
...ustifiable expectation of a permanent relationship" with the children. The children, of course, know nothing of this. They ordinarily develop an ever-increasing attachment and expectation of permanency as each month goes by in a stable setting. [20] Section 63.022(1)(a), Florida Statutes (2006); G.S....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2154
...First, he contends that section
63.212(1)(a) is unconstitutional as applied. Section
63.212(1)(a), Florida Statutes (1979) provides "[i]t is unlawful for any person: (a) ... to place or attempt to place without the state a child for adoption... ." Under section
63.022(9), Florida Statutes (1979), "to place" is defined as "the process of giving or transferring of possession or custody of a child by any person to another person for adoption." Mr....
...He argues that the phrase "to place" could be interpreted to refer solely to the court proceedings relative to an adoption and not the physical transfer of a child as well. This argument fails to recognize that the definition of "to place" found at section
63.022(9) does not contain any language limiting its coverage to only court or legal proceedings. When sections
63.022(9) and
63.212(1)(a) are read together, they plainly prohibit the giving of custody of a child to another when an out of state adoption is contemplated....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 16035
...This case demonstrates the need for procedural mechanisms to ensure cooperation and coordination between circuit courts when a child is the subject of a dependency in one division of the circuit court and the subject of a private adoption in another division or circuit. Cf. § 63.022(5), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 1373243
..., which is undeniably harmful to the child, [7] to ensure the integrity of *65 adoptive placements and the finality of adoptions, to encourage responsible fatherhood, and to combat fraud. This legislative intent is specifically expressed in sections
63.022, and
63.053, Florida Statutes (2004). Section
63.022 states, (1) The Legislature finds that: (a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 314472
...to intervene to set aside an adoption judgment were legally interested parties. The court ruled that the grandparents acquired their legal interest under a New Jersey court order awarding them visitation rights. In this case, the siblings argue that section 63.022(1), Florida Statutes, confers legal status on them in that it sets forth the Legislature's intent to "maintain sibling groups." [1] However, the *756 first district rejected such interpretation of the statute, finding that the legislative statement in section 63.022 was a general statement of intent to guide HRS, not a standing provision....
...See §
63.062(1), Fla. Stat. (1999) (unless excused consent required by mother, father and child if over age of 12). Still the legislature has said that it intends in its adoption laws " whenever possible, to maintain sibling groups." [emphasis supplied] §
63.022(1), Fla....
...In that case, adoptive parents sought to intervene in the adoption proceedings concerning the half-sibling of their adopted child. The trial court allowed them to intervene, but on review the First District reversed, saying: "We reject [the adoptive parents] interpretation of [section
63.022(1)] as conferring legal status on them for several reasons. Under the facts of this case, where the children have never lived together, there is no sibling relationship to maintain. The legislative statement contained in section
63.022(1) is a general statement of legislative intent to guide HRS and does not provide a basis for legal standing."
659 So.2d at 699....
...together with biological siblings "to provide a basis for legal standing." In truth, the statute looks not to the past contacts, if any, among the biological siblings but instead to the future possibility of such contacts. And while it is true that section
63.022 is merely a statement of legislative intent and does not purport in so many words to "provide a basis for legal standing," that same construction cannot be said of section
63.0427, which does provide such a basis....
...The construction I suggest does enable the judge to comply with this clear legislative goal. Recognizing standing in the siblings themselves at least to raise the issue creates a possibility otherwise lackingof "maintain[ing] sibling groups," as the statute says. See § 63.022(1) ("It is the intent of the Legislature......
...etition the adoption court as to the limited subject of possible future contacts, recognizing of course that whether such contacts are in the best interests of the child being adopted is for the trial court to decide in the first instance. NOTES [1] Section 63.022(1), Florida Statutes (1997), provides that it is the intent of the Legislature to protect and promote the well-being of persons being adopted and their birth and adoptive parents and to provide to all children who can benefit by it a permanent family life, and, whenever possible, to maintain sibling groups....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...nt's important role in achieving these salutary goals). Likewise, the statutory chapter dealing with adoption recognizes "[t]he state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner . . . ." § 63.022(1)(a), Fla. Stat. (2005); see § 63.022(2) (articulating legislative intent "that in every adoption, *1201 the best interest of the child should govern and be of foremost concern in the court's determination")....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2033896
...(4) The basic safeguards intended to be provided by this chapter are that: (a) The minor is legally free for adoption and that all adoptions are handled in accordance with the requirements of law. (b) The required persons consent to the adoption or the parent-child relationship is terminated by judgment of the court. § 63.022, Fla....
...mine paternity. See §
742.10(1). Although a trial court cannot terminate unrecognized parental rights in a chapter 63 proceeding, an unmarried biological father may still be able to transform the "inchoate interest" recognized by the legislature in section
63.022(1)(e) into an established parental right in a chapter 742 proceeding, thus requiring, pursuant to section
63.062(1)(b)(3), his consent and the termination of those parental rights in any proceeding to adopt the child....
...l community searched in vain for a cure to his condition. The legislature has stated: "It is the intent of the Legislature that in every adoption, the best interest of the child should govern and be of foremost concern in the court's determination." § 63.022(2)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 20849, 2014 WL 7331269
...lfare agreed that adoption was in Child’s best interests. After the trial court denied the motions for rehearing, Grandmother and Father timely appealed. A child’s best interests must be at the forefront when the court considers an adoption. See § 63.022(2), Fla....
...Finally, we briefly consider several issues that may reoccur when this matter is again reconsidered by the trial' court. The trial court concluded that it had no authority to appoint a guardian ad litem for Child in this adoption proceeding. We disagree. Section 63.022(4)(k) provides: “In all matters coming before the court under this chapter, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person to be adopted.” We believe thi...
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...ment of adoption as to a child with whom the foster parents had established a familial relationship, but they did not have standing to challenge adoption as to the sister with whom they had not established such a relationship. Respondents argue that section 63.022(1), Florida Statutes (1993), confers legal status upon them as intervenors....
...We reject respondents' interpretation of the section as conferring legal status on them for several reasons. Under the facts of this case, where the children have never lived together, there is no sibling relationship to maintain. The legislative statement contained in section 63.022(1) is a general statement of legislative intent to guide HRS and does not provide a basis for legal standing....
CopyCited 3 times | Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 3845
...y be achieved as soon as possible for every child in foster care and that no child remain in foster care for more than 1 year.” § 39.45(2), Fla.Stat. Of course, the trial court must act in the child’s best interests in adoption proceedings. See § 63.022(1), (2), Fla.Stat....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...*947 The best interests of the child, except in the limited circumstance described in Doe, is not relevant to the threshold issue whether the birth father has waived his right to consent to the adoption by prebirth abandonment of the mother. Nor is this principle at odds with the legislative intent set forth in section 63.022(2)( l ), Florida Statutes (1993), that "[i]n all matters coming before the court pursuant to this act, the court shall enter such orders as it deems necessary and suitable to promote the best interests of the person to be adopted." Earlier in the same statute, in subsection 63.022(2)(a) to be exact, the legislature has articulated, as its very first purpose in the listing of its intentions under the adoption statutes, thus: "The child is legally free for adoption." Giving section 63.022(2)( l ) its literal and, we think, obvious meaning, therefore, there is no question of best interests to be considered because until there is a "person to be adopted" there is yet no specific child capable of being given to adoptive parents....
...this stage, since no party has argued for or even requested that relief. The majority opinion states that there was no basis for the trial court to appoint an attorney ad litem for the newborn child in these adoption proceedings. I tend to disagree. Section 63.022(2)( l ), Florida Statutes (1993), provides: (2)( l ) In all matters coming before the court pursuant to this act, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person to be adopted....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 47174
...n the court determines that all necessary consents have been obtained and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered." See also In Re Adoption of H.Y.T.,
458 So.2d 1127 (Fla. 1984); Section
63.022(2)( l ), Fla....
CopyCited 2 times | Published | Supreme Court of Florida
...parents’ involvement in the child’s life. We find that this answer is consistent with *982 what the Legislature has recognized to be the State’s compelling interest in providing stable and permanent homes for adoptive children, as expressed in section 63.022(l)(a), Florida Statutes (2005), and to enforce the child’s statutory right to permanence and stability in adoptive placements as set forth in section 63.022(l)(c), Florida Statutes (2005)....
...630 ,
176 So. 537, 538 (1937); Harden v. Thomas,
329 So.2d 389, 390 (Fla. 1st DCA 1976). Accordingly, the trial court’s determination on adoption must be grounded in the provisions of chapter 63, Florida Statutes, the “Florida Adoption Act.” In section
63.022, as we stated earlier, the Legislature declared the State’s “compelling interest” in adoptions, and it further made legislative findings and stated its intent in respect to adoptions: (1) The Legislature finds that: (a) The state...
...(3) It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their birth and adoptive parents and to provide to all children who can benefit by it a permanent family life, and, whenever appropriate, to maintain sibling groups. § 63.022(l)-(3), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 2008 WL 2373903
...Dep't of Children & Families,
887 So.2d 1253, 1256 (Fla.2004) ("The courts are charged with the duty of ensuring that the best interests of the children are advanced. This duty exists during the dependency proceedings, and continues through the adoption proceedings." (citations omitted)); see also §
63.022(2)(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2596365
...The state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity rights in accordance with the requirements of this chapter. § 63.022(1)(e), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 803
...nd that no child remains in foster care for longer than 1 year,” §
39.001(l)(a), (l)(h), Fla. Stat. (2003), and say that ”[t]he state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner,” §
63.022(l)(a), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 12865, 1992 WL 379899
...The Wedderburns argue that the legislature intended a broader meaning when it used the term "persons" as opposed to "parties" in section 39.41(1)(a)7. We agree and reverse. The legislature has set forth its intentions regarding the placement of siblings in section 63.022(1) of the Florida Adoption Act: (1) It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life, and, whenever possible, to maintain sibling groups....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 4080917, 2013 Fla. App. LEXIS 12729
...A putative father does not have a complete and absolute parental right; he has only “an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood ....” § 63.022(l)(e), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 11046
...Chapter 63 is a “comprehensive statutory scheme” designed primarily to ensure “permanence, stability, and finality with regard to adoptive placements.” See Heart of Adoptions, Inc. v. J.A.,
963 So.2d 189, 195 (Fla.2007). In Chapter 63, the Legislature included a provision entitled “Legislative intent.” §
63.022....
...The state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity rights in accordance with the requirements of this chapter. § 63.022....
...responsibility by biological fathers. An expectation of such a response on the part of unmarried biological fathers serves the state’s compelling interest in ensuring that children are provided stable and permanent homes in a prompt man-nér. See § 63.022(l)(a)....
...This interpretation of the relevant provisions is consistent with the legislative intent of Chapter 63, which has been directly provided by the Legislature in the statutory language itself. In enacting Chapter 63, the Legislature intended to provide *1112 permanent homes for adoptive children in a prompt manner. § 63.022(l)(a). To this end, the Legislature has further indicated that any unmarried biological father who wishes to establish his inchoate parental rights must promptly demonstrate a full commitment to his parental responsibilities. § 63.022(l)(e)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2009 WL 2424306
...Chapter 63 is a "comprehensive statutory scheme" designed primarily to ensure "permanence, stability, and finality with regard to adoptive placements." See Heart of Adoptions, Inc. v. J.A.,
963 So.2d 189, 195 (Fla.2007). In Chapter 63, the Legislature included a provision entitled "Legislative intent." §
63.022....
...The state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity rights in accordance with the requirements of this chapter. § 63.022....
...ntal responsibility by biological fathers. An expectation of such a response on the part of unmarried biological fathers serves the state's compelling interest in ensuring that children are provided stable and permanent homes in a prompt manner. See § 63.022(1)(a)....
...This interpretation of the relevant provisions is consistent with the legislative intent of Chapter 63, which has been directly provided by the Legislature in the statutory language itself. In enacting Chapter 63, the Legislature intended to provide *1112 permanent homes for adoptive children in a prompt manner. § 63.022(1)(a). To this end, the Legislature has further indicated that any unmarried biological father who wishes to establish his inchoate parental rights must promptly demonstrate a full commitment to his parental responsibilities. § 63.022(1)(e)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 941803
...ne the state's `compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of the children.' See § 63.022(1)(a)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 14744
...On this premise, the Legislature has sent a clear message that an unmarried biological father who intends to solidify his parental rights must come forward and “demonstrate a timely and full commitment to the responsibilities of parenthood” by providing care and support and by establishing legal paternity rights. See § 63.022(l)(e), Fla....
...tate’s “com *662 pelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children.” See § 63.022(l)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 2608520
...ordance with the provisions of this chapter. . . . In all matters coming before the court under this chapter, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person to be adopted. § 63.022(2) & (4)( l ), Fla....
...egal right at common law to visit their grandchildren when the child's parents oppose the visitation). This directly conflicts with Florida's public policy preference for permanent family relationships and, in my view, is an abuse of discretion. See § 63.022(3), Fla....
...specially in light of its factual finding that the children's father wanted Appellants to raise the children. This conflicts with Florida's public policy and a parent's constitutional rights. Under Florida law, permanency and adoption are preferred. § 63.022(1)(a), Fla....
...Stat. (2006) ("The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner"). The adoption statutes are intended "to provide to all children who can benefit by it a permanent family life[.]" § 63.022(3), Fla....
...While Appellees and the trial court might believe that a guardianship is the preferable outcome, such a temporary arrangement is entirely inconsistent with the legislature's mandate that establishing a permanent family is the paramount consideration in adoption. See § 63.022(3), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...through adoption. See Rushing ,
652 So.2d at 873 (stating that child to be adopted was not only intended third party beneficiary of contract but defendants were attorneys for adoptive parents, "who evidently intended to benefit child by adopting her"); see also §
63.022, Fla....
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
can benefit by it a permanent family life.' Section
63.022(1), F.S. (1982 Supp.). Among other statutory
CopyPublished | Florida 4th District Court of Appeal
...n was required for several
reasons.
First, the court examined section
63.062(1)(a) and noted that the
mother was “the first person listed as to from whom consent must be
sought” to adopt. Second, the court found the legislative intent behind
section
63.022(5) was:
to provide for cooperation between private adoption entities
and the Department of Children and Families in matters
relating to permanent placement options for children in the
care of the de...
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 14239
...ith the provisions of this chapter. [[Image here]] In all matters coming before the court under this chapter, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person to be adopted. § 63.022(2) & (4X1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 13481, 2009 WL 2901298
...rights pending adoption. See §
63.062(1)(b). However, "[a]n unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood." §
63.022(1)(e), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 11345, 1992 WL 317557
...Second, Chapter 63's statutory scheme requires that a trained and qualified professional assess the adoptive parents' home environment at all pertinent times during the adoption process and that the trial court consider the professional reports prior *1265 to judgment on the adoption petitions. See §§
63.092(2),
63.125(1),
63.022(2)(c), Fla....
...oval of the child. However, absent such conduct after a preliminary placement, the trial court must abide by Chapter 63's basic safeguard that social studies be completed and considered by the court prior to final judgment on adoption petitions. See § 63.022(2)(c), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 10995, 1992 WL 295463
...ddle of three adoption procedures at the same time, and that the county would probably be liable for [T.G.L.'s] attorney's fees... ." The court entered an order awarding fees and costs and holding the county responsible, citing to sections 43.28 and 63.022, Florida Statutes (1991). *732 LAW AND ANALYSIS The trial court relied on section 43.28, which requires the county to provide the "personnel necessary" to operate the courts, unless such is provided by the state, as well as section 63.022(2)( l ), which provides: In all matters coming before the court pursuant to [the Florida Adoption Act], the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person to be adopted....
...There being no authority otherwise mandating the appointment of counsel in these circumstances, we conclude that attorneys for children in adoption proceedings are not legally required and therefore are not personnel necessary for the operation of the courts. SECTION 63.022(2)( l ) We also fail to see how section 63.022(2)( l ) mandates the attorney's appointment....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11522
these adoption proceedings. I tend to disagree. Section
63.022(2)(Z), Florida Statutes (1993), provides: (2)(Z)
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
report its findings to that department." (e.s.) Section
63.022, Florida Statutes (1998 Supplement), referenced
CopyPublished | Florida 4th District Court of Appeal
...It is cited here because the Fifth DCA, in dicta,
found that the adoption by the unmarried couple “did not run afoul of the
court’s power to enter judgments of adoption” and that “the adoption
decree was consistent with the intent of the Legislature set forth in section
63.022, Florida Statutes (2012).” Id....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 3682
...1991), the supreme court found that the grandparents seeking to intervene to set aside an adoption judgment were legally interested parties. The court ruled that the grandparents acquired their legal interest under a New Jersey court order awarding them visitation rights. In this case, the siblings argue that section 63.022(1), Florida Statutes, confers legal status on them in that it sets forth the Legislature’s intent to “maintain sibling groups.” 1 However, the *756 first district rejected such interpretation of the statute, finding that the legislative statement in section 63.022 was a general statement of intent to guide HRS, not a standing provision....
... we do not foreclose the opportunity of the adoption court to consider whether the child’s best interests will be served by future communication or contact with her siblings. WARNER, C.J., concurs. FARMER, J., concurring specially with opinion. . Section 63.022(1), Florida Statutes (1997), provides that it is the intent of the Legislature to protect and promote the well-being of persons being adopted and their birth and' adop- *756 live parents and to provide to all children who can benefit b...
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 4700, 2016 WL 1178018
...f the Florida Statutes. See §
63.088(4), Fla. Stat. (2016) (authorizing court inquiry only as to the identity of potential biological fathers identified to the adoption agency “before the date [the mother] signed the consent 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....
...d not identify him to the adoption entity before the date she signed a consent for adoption 'or if he was not located because the mother failed or refused to provide sufficient information to locate him.” §
63.089, Fla. Stat. (2015); see also id. §
63.022 (providing that unmarried biological father’s interests “acquire[ ] constitutional protection only when he detoon-strates a timely and full commitment to the responsibilities - of parenthood, both during the pregnancy and after the child’s birth”); Lehr v....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 4545
legislature has also specifically found in section
63.022(l)(e) that “[t]he state has a compelling interest
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 914676
...presumed to know that his child may be adopted without his consent unless he complies with the provisions of this chapter and demonstrates a prompt and full commitment to his parental responsibilities. The legislature has also specifically found in section 63.022(1)(e) that "[t]he state has a compelling interest in requiring an unmarried biological father ....
CopyPublished | Florida 2nd District Court of Appeal | 1988 WL 24162
...However, beyond noting the questionable reasonableness of these expenditures, no conclusive decision or ruling has been made. To fully understand the problem faced by the trial judge in interpreting sections
63.097 and
63.212(4), it is helpful to analyze all of the pertinent sections of chapter 63 in sequence. Section
63.022(2) sets forth the legislative intent of the act and its basic safeguards. One of those safeguards is that "[a]ll expenditures by intermediaries placing, and persons independently adopting, a minor are reported to the court and become a permanent record in the file of the adoption proceedings... ." §
63.022(2)(f), Fla....
CopyPublished | Florida 4th District Court of Appeal
implied.” Richard A. Lorde, Williston on Contracts § 63:22 (4th ed. 2020); see also Ins.
CopyPublished | Court of Appeals for the Eleventh Circuit | 2004 WL 1627022
...ent of a child into a permanent
family. Florida's statute expresses a clear intent “to protect and promote the
well-being of persons being adopted . . . and to provide to all children who can
benefit by it a permanent family life.” Fla. Stat. § 63.022(3) (2003)....
CopyPublished | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 7233
...It is not the function of appellate courts to correct what they perceive to be inequitable results produced by clear and unambiguous legislative mandates. In light of the supreme court's decision in Doe and the legislative policy regarding adoptions as set forth in section 63.022, Florida Statutes (1991), and especially subsection 63.022(2)( l ) which was added in 1987, we leave the establishment of any "cooling-off" period to the legislature where that task belongs....
CopyPublished | Florida 2nd District Court of Appeal
...father’s interest in his child as “an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during pregnancy and after the child’s birth.” § 63.022(l)(e)....
CopyPublished | Florida 3rd District Court of Appeal
...s issued, was
stricken.
2
Having dismissed the appeal, we need not comment on the merits of the
appeal. However, it bears noting that “[i]t is the intent of the Legislature that
in every adoption, the best interest of the child should govern.” § 63.022(2),
Fla....
...Here,
the trial court found “the best interests of this child will be promoted by this
adoption,” and the adoption was finalized. As the Legislature has recognized
that “[a]doptive children have the right to permanence and stability in
adoptive placements,” the adoption should remain undisturbed. §
63.022(1)(c), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 1555, 2015 WL 477856
...Our decision is driven not only by constitutional precedents, but also by public policy considerations. “The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner [and] in preventing the disruption of adoptive placements ....” § 63.022(l)(a), Fla. Stat. (2010). Adoptive children also have a right to permanence in their adoptive placements, as adoptive parents have an interest in retaining custody of a legally adopted child. § 63.022(l)(c),(d), Fla....
...These statutes make clear that it is the Florida Legislature’s intent to “protect and promote the well-being of persons being adopted and their birth and adoptive parents and to provide to all children who can benefit by it a permanent family life.” § 63.022(3), Fla....
...For example, Florida law currently provides that an unmarried biological father acquires constitutional protection when he demonstrates "a timely and full commitment to the responsibilities of parenthood, both during the pregnancy and after the child’s birth.” § 63.022(l)(e), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 871
the state government. Indeed, as stated in section
63.022(2)(b), Florida Statutes (1993), one of the
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 2968, 2016 WL 869317
...ions omitted). Chapter 63 of the Florida Statutes governs adoptions. The Legislature has made clear its “intent ... that in every adoption, the best interest of thé child should govern and be of foremost concern in the court’s determination.” § 63.022(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1990 WL 11792
...The content of the reports and their concealment are the grounds for the allegations of fraud. The purpose of the Florida Adoption Act is “to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide all children who can benefit by it a permanent family life.” § 63.022, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8486
such a relationship. Respondents argue that section
63.022(1), Florida Statutes (1993), confers legal
CopyPublished | Supreme Court of Florida | 14 Fla. L. Weekly 201, 1989 Fla. LEXIS 327
...remand for proceedings consistent with this opinion. It is so ordered. EHRLICH, C.J., and OVERTON, GRIMES and KOGAN, JJ., concur. BARKETT, J., concurs specially with an opinion, in which KOGAN, J., concurs. McDONALD, j., dissents with an opinion. . Section 63.022(1), Florida Statutes (1985), provides: "It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life.” Subsequent to the district court opinion, the legislature has made its intent even more explicit by adding a new subsection 63.022(2)(/), Florida Statutes (1987), which states: "In all matters coming before the court pursuant to this act, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person being adopted." ....