Florida/Georgia Personal Injury & Workers Compensation

...was able, he refused to provide financial support after he was informed he might be the father of the child. In addition, the petition alleged physical and financial abandonment of the birth mother and child pursuant to sections 63.089, 63.064(1) and 63.032(1), Florida Statutes (2005)....

...If J.A. demonstrates compliance with all applicable subsections, then the trial court must determine if his consent is required for the adoption. However, the adoption entity may pursue its claim of abandonment under sections 63.089, 63.064(1) and 63.032(1), as pled in the petition for termination of parental rights....

...[3] Although the child was born in Citrus County, which is in the Fifth Circuit, the petition alleged that venue was proper pursuant to section 63.087(2)(a)(3), Florida Statutes (2005), because "the mother executed a waiver of venue . . . and the adoption entity is located in Hillsborough County." [4] Section 63.032(12), Florida Statutes (2005), provides that "`[p]arent' has the same meaning as ascribed in s....

...Waxman, West Palm Beach, amicus curiae, for Charlotte Danciu. HARDING, Justice. We have for review In re Adoption of Baby E.A.W., 647 So.2d 918 (Fla. 4th DCA 1994), where the district court certified this question as one of great public importance: IN MAKING A DETERMINATION OF ABANDONMENT AS DEFINED BY SECTION 63.032(14), FLORIDA STATUTES (SUPP....

...On appeal, a three-judge panel of the Fourth District Court of Appeal voted two to one that G.W.B. did not abandon Baby E.A.W. On rehearing en banc, the court found abandonment by a vote of six to five. E.A.W., 647 So.2d 918. As a preliminary matter we note that the certified question misquotes the applicable statute. Section 63.032(14), Florida Statutes (Supp. 1992), allows a court to consider the father's conduct toward the child's mother — not toward the child, as the certified question says — during the pregnancy. [1] We thus decide *964 whether section 63.032(14) allows a trial court to consider lack of emotional support and/or emotional abuse in evaluating the conduct of the father toward the child's mother during pregnancy. We answer the reframed certified question in the affirmative because we find that the legislature's use of the word "conduct" in section 63.032(14) encompasses a father's lack of emotional support and/or emotional abuse toward the mother during her pregnancy....

...did not provide emotional or financial support to the birth mother, the trial court concluded in its September 1993 order: The marginal effort of the natural father does not evince a settled purpose to assume all parental responsibilities and the Court, therefore, declares that the child was abandoned (Florida Statute 63.032(14))....

...The definition in chapter 39 did not discuss a father's prebirth conduct, but the Doe Court nonetheless decided that such conduct is relevant because it "does tend to prove or disprove material facts bearing on abandonment." Id. at 746. After Doe, the Legislature amended section 63.032 to define abandonment....

...The definition tracks the one in section 39.01(1) (juvenile proceedings), but adds a sentence that is critical to the instant case: "In making this decision [of abandonment], the court may consider the conduct of a father toward the child's mother during her pregnancy." § 63.032(14), Fla....

...Because we find the statute clear and unambiguous, we need not resort to rules of statutory interpretation and construction. See Holly v. Auld, 450 So.2d 217, 219 (Fla. 1984). Thus, we conclude that the Legislature's use of the general term "conduct" in section 63.032(14) allows a court to consider prebirth conduct such as emotional support and/or abuse by the father of the mother during pregnancy. While conceding that section 63.032(14) allows a court to consider emotional support in making its determination of abandonment, G.W.B....

...certain exhibits and/or testimony would become moot. The marginal effort of the natural father does not evince a settled purpose to assume all parental responsibilities and the Court, therefore, declares that the child was abandoned (Florida Statute 63.032(14))....

...While the potential adoptive parents may find this "tentative" status unsettling, it is far better than parting them from a child they have kept for months or years. Many conclusions flow from the above analysis. First, it leads me to disagree with the majority's interpretation of section 63.032(14), Florida Statutes (Supp....

...volved. While we wish to act in the best interests of the helpless child, we do that child no honor and, indeed, do her a disservice by ignoring the long-cherished and once-recognized interests of her natural father. Family values, indeed. NOTES [1] Section 63.032(14), Florida Statutes (Supp....

...Indeed, it bears a rational relationship to Florida’s interest in promoting the nuclear-family model of adoption since foster care and guardianship have neither the permanence nor the societal, cultural, and legal significance as does adoptive parenthood, which is the legal equivalent of natural parenthood. Fla. Stat. § 63.032 (2)....

...4th DCA 1990), in which the district court certified the following questions of great public importance: [1] (1) Is an attorney who represents the relative of a deceased parent on a petition for adoption of the deceased parent's child an intermediary within the definition of section 63.032(8)[, Florida Statutes (1987)]? (2) Are grandparents entitled to notification and preference in adoptions pursuant to section 63.0425, Florida Statutes, where the adoption is handled by the attorney for a petitioner-relative, but the ad...

...Florida Statutes 1987)]? Neither question is capable of an answer in the abstract as the appropriate response depends on the facts of the particular case. In this case, we find the relative's attorney was not an intermediary within the definition of section 63.032(8) and the grandparents were not entitled to notice of the adoption under section 63.0425(1)....

...(Emphasis added.) The sister argues that Baby R.R. was not "placed for adoption" and that neither she nor her attorney was an "intermediary handling the adoption" within the meaning of the statute. Thus, the sister concludes, notice to the grandparents was not required under the statute. Section 63.032(8), Florida Statutes, (1987), defines "intermediary" as an attorney or physician who is licensed or authorized to practice in this state or, for the purpose of adoptive placements of children from out of state with citizens of this state, a child-placing agency licensed in another state that is qualified by the department. The grandparents argue that the plain meaning of section 63.032(8) defines intermediary as any attorney involved in an adoption proceeding....

...[6] Intermediary is defined as "[a]n arbitrator or mediator. A broker; one who is employed to negotiate a matter between two parties, and who for that purpose may be an agent of both." Black's Law Dictionary 815 (6th ed. 1990). [7] It appears that in providing a definition of intermediary in section 63.032(8), Florida Statutes (1987), the legislature was actually attempting to define which persons could act as intermediaries in adoptions, i.e., licensed attorneys, licensed physicians, etc., and was not attempting to alter the ordinary legal definition of the word intermediary....

...she has some legal basis to be recognized as a parent. This could be due to a biological connection plus the assumption of parental responsibilities, as we have demonstrated applies in this case, or through application of another statute. See, e.g., § 63.032(12), Fla....

...both parents to an adoption unless consent is excused by the court. A parent's consent can be excused or "waived" by the court pursuant to section 63.072(1) upon a determination that he or she abandoned the child. The term "abandoned" is defined in § 63.032(14): "Abandoned" means a situation in which the parent or legal custodian of a child, while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations....

...estation of a willingness to accept custody and assume responsibility for the support and maintenance of the child. In determining whether a particular case involves a "situation ... sufficient to evince a willful rejection of parental obligations," section 63.032(14) requires the court to fully evaluate the efforts on the part of the parent to support and communicate with the child....

...me his parental duties, but to satisfy the mother's family and/or in response to his mistaken belief that he would be the subject of criminal prosecution." We agree with the trial judge that the evidence in this case established an abandonment under Section 63.032(14)....

...DiFilippo, Assistant Attorney General, Tampa, for Appellee Department of Children and Family Services. ALTENBERND, Judge. Adoption Miracles, LLC, a licensed child-placing agency pursuant to section 63.202, Florida Statutes (2004), and therefore an adoption entity pursuant to section 63.032(3), Florida Statutes (2004), seeks review of an order denying its motion to intervene in a dependency proceeding regarding the child, S.N.W....

...subject of dependency proceedings. Rather, Adoption Miracles asserts that only the court in which the adoption petition is filed can consider whether the consent may be withdrawn based upon an allegation of fraud or duress. We disagree. Pursuant to section 63.032(7), the term "court" when used in chapter 63 adoption proceedings means "any circuit court of this state." Nothing in section 63.082 prohibits a circuit court that is properly exercising jurisdiction in a dependency case from addressing the validity of a birth mother's consent to an adoption....

...subsequently entered a final judgment of adoption in favor of W.T.J. The district court framed the issue on appeal as "whether the trial court erred in finding that appellant's conduct constituted abandonment of his minor child within the meaning of section 63.032, Florida Statutes (1995)." 702 So.2d at 1343....

...Chapter 63, Florida Statutes, governs adoptions in Florida. Adoption is the act of creating a legal relationship between parent and child where that relationship did not exist, thereby declaring the child to be legally the child of the adoptive parent. See § 63.032(10), Fla....

...ngthy term of imprisonment is conduct which may support a finding of abandonment. [1] Statutory and case law allows a court to consider a natural father's prebirth conduct when making a determination of abandonment in an adoption proceeding. See id. § 63.032(14); In re Baby E.A.W., 658 So.2d 961 (Fla.1995); In re Adoption of Doe, 543 So.2d 741, 747 (Fla.1989). Section 63.032(14), Florida Statutes (1995), which defines abandonment, authorizes a trial court making an abandonment determination to take into account the "conduct of a father towards the child's mother during her pregnancy." In Baby E.A.W., we in...

...ntial period of the child's minority are factors which may support a finding of abandonment under chapter 63, Florida Statutes. In response to the certified question, we find that B.W. is not an impediment to our holding. B.W., a case which predates section 63.032(14), Florida Statutes (1995), and our opinions in Doe and E.A.W., involved the question of whether incarceration, by itself, could support a finding of abandonment....

...y. See Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898 (Fla.1996) (relying on principle of statutory construction, expressio unius est exclusio alterius, mention of one thing implies exclusion of another). An "adoption entity" is defined in section 63.032 as: [T]he department, an agency, a child-caring agency registered under s....

...409.176, an intermediary, or a child-placing agency licensed in another state which is qualified by the department to place children in the State of Florida. The term "agency" means "any child-placing agency licensed by the department pursuant to s. 63.202 to place minors for adoption." § 63.032(5), Fla....

...(2004). It is undisputed that First Care is not an adoption agency, licensed or otherwise. The term "intermediary" means "an attorney who is licensed or authorized to practice in this state and who is placing or intends to place a child for adoption...." § 63.032(9), Fla....

...The term "place" is broadly defined by the statute as follows: "To place" means the process of a parent or legal guardian surrendering a child for adoption and the prospective adoptive parents receiving and adopting the child, and includes all actions by any person or adoption entity participating in the process. § 63.032(15), Fla....

...nal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child's mother during her pregnancy. § 63.032, Fla....

...Furthermore, he failed to provide the mother with any financial support during her pregnancy. This is a factor that trial courts can consider in deciding the abandonment issue. See E.A.W, 658 So.2d at 967; Matter of Adoption of Doe, 543 So.2d 741 (Fla.1989); see also § 63.032(1)....

...Florida’s interest in promoting the nuclear-family model of adoption since foster care and guardianship have neither the permanence nor the societal, cultural, and legal significance as does adoptive parenthood, which is the legal equivalent of natural parenthood. Fla. Stat. § 63.032(2). Foster care and legal guardianship are designed to address a different situation than permanent adoption, and “the legislature must be allowed leeway to approach a perceived problem incrementally.” Beach Communications, 508 U.S. at 316, 113 S....

of pregnancy ....”) (emphasis added); see also § 63.032(12), Fla. Stat. (2008) (“ ‘[Pjarenfi means a woman

...rental visitation rights for children placed for adoption under chapter 63 except as provided in s. 752.07 with respect to adoption by a stepparent." In this case the minor child was not placed for adoption under chapter 63 as the term is defined in section 63.032(9), Florida Statutes (1985)....

...Unlike a guardianship, adoption declares the adopted child to be "legally the child of the adoptive parents and their heir at law and entitled to all the rights and privileges and subject to all the obligations of a child born to such adoptive parents in lawful wedlock." See § 63.032(2), Fla....

...4th DCA 2005) (applying Von Eiff to disallow mandated grandparent visitation where father initially agreed to grandparent visitation and subsequently decided against it). Adoptive children and adopting parents are legally the same as natural children and natural parents. See, e.g., §§ 63.032(2), 63.172, Fla....

ALTENBERND, Judge. Adoption Miracles, LLC, a licensed child-placing agency pursuant to section 63.202, Florida Statutes (2004), and therefore an adoption entity pursuant to section 63.032(3), Florida Statutes (2004), seeks review of an order denying its motion to intervene in a dependency proceeding regarding the child, S.N.W....

...subject of dependency proceedings. Rather, Adoption Miracles asserts that only the court in which the adoption petition is filed can consider whether the consent may be withdrawn based upon an allegation of fraud or duress. We disagree. Pursuant to section 63.032(7), the term “court” when used in chapter 63 adoption proceedings means “any circuit court of this state.” Nothing in section 63.082 prohibits a circuit court that is properly exercising jurisdiction in a dependency case from addressing the validity of a birth mother’s consent to an adoption....

...ation of him as the child's father in that proceeding did not give rise to a declaration as a matter of law that B.B. is the child's father such that it can reasonably be said that the child was "established by court proceeding to be his child." See § 63.032(19), Fla....

...responsibilities. (3) The Legislature finds that a birth mother and a birth father have a right to privacy. The legislature's intent is implemented in part by defining who is a "parent." Chapter 63 has no definition of "mother" or "father." Rather, section 63.032(12) states that the word "parent" as used in chapter 63 "has the same meaning ascribed in s....

...It appears the statute would apply this concept only to a person who met the definition of a parent. Further, abandonment under the statute implies a willful and knowing rejection of parental obligations and thus would not appear to apply to a man such as A.S. who did not know of the pregnancy or the child's existence. See § 63.032(1) (defining abandonment in pertinent part as "a situation in which the parent or person having legal custody of a child, while being able, makes no provision for the child's support and makes little or no effort to communicate with the child")....

...The Act provides in material part as follows: (4) FINDING OF ABANDONMENT. — A finding of abandonment resulting in a termination of parental rights must be based upon clear and convincing evidence that a parent or person having legal custody has abandoned the child in accordance with the definition contained in s. 63.032(1)....

...nal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child's mother during her pregnancy. § 63.032(1), Fla....

...his 13-year-old child barely remembered Father. This evidence clearly supported the trial court's finding that the contacts were "marginal," and the Act provides that such "marginal" contacts are not sufficient to avoid a finding of abandonment. See § 63.032(1), Fla....

...This can mean either that the adoption will be recognized under the general law of the state, including the decisional law of its courts, or that the adoption must have been accomplished by obtaining a court order in strict accordance with the statutes governing adoption found in chapter 63, Florida Statutes. We note that section 63.032(10) defines "adoption" to mean "the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their heir-at-law and entitled...

...If she was not, then the adoption must be nullified and this case remanded. Simplistically stated, the birth father's consent to adoption was required in this case unless the evidence shows that he "abandoned" the child. § 63.072(1), Fla. Stat. (1992). The term "abandoned" is defined in section 63.032(14), Florida Statutes (1992), and provides, inter alia, that "In making this decision, [whether abandonment has occurred] the court may consider the conduct of the father towards the child's mother during her pregnancy." The trial cour...

...in exhibits and/or testimony would become moot. The marginal effort of the natural father does not evince a settled purpose to assume all parental responsibilities and the Court, therefore, declares that the child *923 was abandoned (Florida Statute 63.032(14))....

...t's reasoning and thus a partial basis for our affirmance is the issue of emotional support or lack of it, we certify to the supreme court as a question of great public importance the following: IN MAKING A DETERMINATION OF ABANDONMENT AS DEFINED BY SECTION 63.032(14), FLORIDA STATUTES (SUPP....

...It was only defined in chapter 39, entitled "Proceedings related to juveniles," dealing with termination of parental rights. The problem with the statutory definition set forth in subsection 39.01(1), and subsequently engrafted by the legislature into subsection 63.032(14), is that the primary definition clearly envisions circumstances where the parent has abandoned the child post-birth....

...For example, the first part of the definition states: "Abandoned" means a situation in which the parent . .. while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations. .. . § 63.032(14), Fla....

...The Lehr Court was concerned with whether the state of New York had adequately protected the unwed father's opportunity to form a parental relationship. My concern is whether the application of the Florida statute here adequately protects this father's opportunity to form that relationship. The statute, section 63.032(14), Florida Statutes (1993), defines abandonment as a "situation ......

...ful rejection of parental obligations", i.e., abandonment — particularly in light of the fact that the court concluded that the relationship was shaky from the start and that it began to unravel in January, long before the mother moved out in June. Section 63.032(14) says that, in determining whether there has been an abandonment, the court "may consider the conduct of a father towards the child's mother during her pregnancy." While I agree that the emotional conduct of the father towards the m...

...with the petitioners, while the father in Doe was urging other solutions right up until the child was born. In 1992, the Florida legislature codified the decision of the supreme court in Doe as to the certified question. See Ch. 92-96, § 3, Laws of Fla. With that change, section 63.032(14) now defines abandonment as follows: "(14) `Abandoned' means a situation in which the parent or legal custodian of a child, while being able, makes no provision for the child's support and makes no effort to communicate with the chi...

...al efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child's mother during her pregnancy." § 63.032(14), Fla....

...ty in this reasonably close case, I must respectfully dissent. The major issue is whether the baby girl E.A.W. was available for adoption. That, in turn, depends upon whether the father abandoned the expectant mother and thus the child. The statute, section 63.032(14), Florida Statutes (1993), provides as follows: (14) "Abandoned" means a situation in which the parent or legal custodian of a child, while being able, makes no provision for the child's support and makes no effort to communicate wi...

...Gerald D., 491 U.S. 110, 109 S.Ct. 2333, 105 L.Ed.2d 91 (1989). [3] The supreme court did not set forth all of the facts in its opinion in Doe, but referred to the facts set forth in In Re The Adoption of John Doe, 524 So.2d 1037 (Fla. 5th DCA 1988). [4] § 63.032(14), Fla....

...l rights proceedings under chapter 63. As to both proceedings, the underlying focus of the applicable statutory provision is conduct that already has, or is likely to have, an adverse effect on the child involved. Compare §§ 39.01(1) and (2), with § 63.032(14)....

...Unlike a guardianship, adoption declares the adopted child to be “legally the child of the adoptive parents and their heir at law and entitled to all the rights and privileges and subject to all the obligations of a child born to such adoptive parents in lawful wedlock.” See § 63.032(2), Fla....

...4th DCA 2005) (applying Von Eiff to disallow mandated grandparent visitation where father initially agreed to grandparent visitation and subsequently decided against it). Adoptive children and adopting parents are legally the same as natural children and natural parents. See, e.g., §§ 63.032(2), 63.172, Fla....

...was a party whose consent was needed in order to proceed with the adoption. See J.A., 963 So.2d at 191. Thus, at the final hearing upon remand, the only issue remaining as to J.C.J. was whether his parental rights should be terminated because of his abandonment of the child. See Id. at 202 (citing §§ 63.089, 63.064(1), 63.032(1), Fla....

...subparagraph (2)(b)2." § 63.062(3)(a). A finding of abandonment resulting in a termination of parental rights must be based upon clear and convincing evidence that a parent ... has abandoned the child in accordance with the definition contained in s. 63.032(1)....

...to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father toward the child's mother during her pregnancy. § 63.089(4). Section 63.032(1) defines abandoned, in relevant part, as "a situation in which the parent ......

...natural and legal mother of the child to whom she gave birth. Id. ("`Live birth' means the complete expulsion or extraction of a product of human conception from its mother, irrespective of the duration of pregnancy....") (emphasis added); see also § 63.032(12), Fla....

...The adjudicatory hearing was held on October 13, 2008. Abandonment may be found where there is clear and convincing evidence that the efforts of a parent to support and communicate with the child are “only marginal efforts that do not evince a settled purpose to assume all parental duties.” § 63.032(1), Fla....

...While an "agency" adoption within the statute is easily defined as an adoption handled by a child placing agency licensed by the Department, it is not as easy to determine whether or not this adoption has been handled by an "intermediary." [3] An "intermediary" is defined in section 63.032(8), Florida Statutes (1987): Intermediary means an attorney or physician who is licensed or authorized to practice in this state or, for purpose of adoptive placements of children from out of state with citizens of this state, a child-placing agency licensed in another state that is qualified by the department....

...[4] The sister next argues that the child was not "placed for adoption." She contends that this is yet another reason why the notice requirements of section 63.0425(1), Florida Statutes (1987) do not apply. Again, the statute itself refutes this argument. Section 63.032(9), Florida Statutes states: (a) "To place" or "placement" means the process of a person giving a child up for adoption and the prospective parents receiving and adopting the child, and includes all actions by any person or agency participating in the process (emphasis supplied)....

...lic importance. We therefore certify the following questions to the Supreme Court: (1) Is an attorney who represents the relative of a deceased parent on a petition for adoption of the deceased parent's child an intermediary within the definition of section 63.032(8)? (2) Are grandparents entitled to notification and preference in adoptions pursuant to section 63.0425, Florida Statutes, where the adoption is handled by the attorney for a petitioner-relative, but the adoption is not exempted under either § 63.0425(2) or (3)? HERSEY, C.J., and WARNER and POLEN, JJ., concur....

...rmination of Parental Rights, pursuant to section 63.087(4), Florida Statutes (2008). Appellee alleged that Appellant’s consent to the adoption of his child was not required because he was an “unmarried biological father” within the meaning of section 63.032(19), Florida Statutes (2008), and he had not complied with the requirements of section 63.062(2)....

...for Termination of Parental Rights, pursuant to section 63.087(4), Florida Statutes (2008). Appellee alleged that Appellant's consent to the adoption of his child was not required because he was an "unmarried biological father" within the meaning of section 63.032(19), Florida Statutes (2008), and he had not complied with the requirements of section 63.062(2)....

...See Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898 (Fla.1996) (relying on principle of statutory construction, expressio unius est exclusio alterius, mention of one thing implies exclusion of another). An “adoption entity” is defined in section 63.032 as: [Tjhe department, an agency, a child-caring agency registered under s....

...409.176, an intermediary, or a child-placing agency licensed in another state which is qualified by the department to place children in the State of Florida. The term “agency” means “any child-placing agency licensed by the department pursuant to s. 63.202 to place minors for adoption.” § 63.032(5), Fla....

...It is undisputed that First Care is not an adoption agency, licensed or otherwise. The term “intermediary” means “an attorney who is licensed or authorized to practice in this state and who is placing or intends to place a child for adoption....” § 63.032(9), Fla....

...The term “place” is broadly defined by the statute as follows: “To place” means the process of a parent or legal guardian surrendering a child for adoption and the prospective adoptive parents receiving and adopting the child, and includes all actions by any person or adoption entity participating in the process. § 63.032(15), Fla....

...l efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child’s mother during her pregnancy. § 63.032, Fla....

...Furthermore, he failed to provide the mother with any financial support during her pregnancy. This is a factor that trial courts can consider in deciding the abandonment issue. See E.A.W, 658 So.2d at 967 ; Matter of Adoption of Doe, 543 So.2d 741 (Fla.1989); see also § 63.032(1)....

..., however laudable, that granting an adoption authorizes the adoptive parents to potentially deny grandparent visitation, as natural parents have the right to do. Treating natural parents differently from adoptive parents is specifically rejected by section 63.032(2), Florida Statutes (2005) (defining adoption as "the act of creating the legal relationship between *1054 parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their...

...§ 63.172(2)) and the Florida Probate Code (F.S. § 732.108(l)(b)), which provide that a child shall be entitled to inherit from or through a deceased parent even though he is subsequently adopted by the spouse of his surviving parent. By specific definition, in F.S. § 63.032(2), the Legislature made it clear in the Adoption Act that the exception applies whether the relationship between the deceased parent and surviving child was one of blood or adoption....

...the child to the prospective adoptive parents. § 63.082(6)(d), Fla. Stat. 1 1 The parties appear to have proceeded on the basis that the grandfather, or his counsel, was an “adoption entity” for purposes of section 63.082(6)(b)-(d). See § 63.032(3), (10), & (18), Fla....

...paternity action was pending; and (3) whether the trial court's findings of fact are supported by the record. We affirm the trial court's order. On November 22, 2005, the appellee, Bundle of Hope Ministries, Inc., the "adoption entity" as defined in section 63.032(3), *1134 Florida Statutes (2005), filed its report with the trial court of its intended placement for adoption of the minor child, Infant Male T., who was born the same day in St....

...road terms: `To place' or `placement' means the process of giving or transferring of possession or custody or arranging for the giving or transferring of possession or custody of a child by any person to another person for adoption. Florida Statutes § 63.032(9)....

...tion shall contain an evaluation of the placement.... Fla.Stat. § 63.122(7). Because the Florida legislature has referred to placement as separate from home studies, this court cannot conclude that the studies are a placement activity as defined in Section 63.032(9). At least one Florida court has also implicitly recognized that home studies are not a part of placement as defined by Section 63.032(9)....

...But, even assuming there are no other problems with this statute, the department has cited little authority for its argument that the legislature intended the term "child" to include a fetus. On the contrary, the legislature has not included "fetus" in its definition of "child" contained in Section 63.032(2): "Child" means a son or daughter, whether by birth or adoption....

...The legislature has included a statutory definition of agency in the Florida Adoption Act. This definition supports HRS's interpretation of the statute: "Agency" means any child-placing agency licensed by the department pursuant to S. 63.202 to place minors for adoption. Fla.Stat. § 63.032(7). However, Section 63.032 also states that the definition need not apply if "the context otherwise requires." *1227 Here the court agrees with Friends that the term agency must be read more broadly than the statutory definition if Section 63.207 is to pass constitutional muster....

...5.11 (4th Ed.1984). Although the legislature has generally defined the term "agency" in the Florida Adoption Act as an adoption agency licensed pursuant to Florida Statutes, it has provided for other meanings where the context so requires. Fla.Stat. § 63.032....

...The adjudicatory hearing was held on October 13, 2008. Abandonment may be found where there is clear and convincing evidence that the efforts of a parent to support and communicate with the child are "only marginal efforts that do not evince a settled purpose to assume all parental duties." § 63.032(1), Fla....

...This is a timely appeal of a final order terminating the parental rights of the natural father and an order granting a petition for adoption which was rendered the same day. The issue is whether the trial court erred in finding that appellant's conduct constituted abandonment of his minor child within the meaning of section 63.032(14), Florida Statutes (1995)....

...If, in the opinion of’ the court, the efforts of such parent or person having legal custody of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. § 63.032(1); see also M.A.F....

...children is not supported by competent substantial evidence. In particular, the evidence was not legally sufficient to support a finding that the mother’s actions evinced a settled purpose to forgo and relinquish all parental responsibilities. See § 63.032(1); see also G.T., 725 So.2d at 410 ....

...The court determined that 1 We sua sponte amend the case caption to reflect the true party in interest, the prospective intervenor and adoption entity, Denise E. Kistner of the Law Offices of Denise E. Kistner, P.A. See, e.g., In re S.N.W., 912 So. 2d 368, 370 (Fla. 2d DCA 2005). 2 Section 63.032(3) defines “adoption entity” as “the department, a child-caring agency registered under s. 409.176, an intermediary, a Florida child-placing agency licensed under s. 63.202, or a child-placing agency licensed in another state which is licensed by the department to place children in the State of Florida.” § 63.032(3), Fla....

... We first turn to the plain language of sections 63.082(6)(a) and (6)(b). “Parent” is defined in the statute as “a woman who gives birth to a child . . . or a man whose consent to the adoption of the child would be required under s. 63.062(1).” § 63.032(12), Fla....

...Those factors placed on Appellants multiple, overlapping burdens to prove by clear and convincing evidence not only that Appellee’s period of incarceration was for a significant period of R.’s minority, but also that Appellee had, in general, “abandoned” R., as that term is defined in section 63.032, Florida Statutes, and further, that Appellee had abandoned R....

...of abandonment resulting in a termination of parental rights must be based upon clear and convincing evidence that a parent or person having legal custody has abandoned the child in accordance with the definition contained in s. 63.032....

...reasonable financial support, when able, to a birth mother during her pregnancy or on whether the person alleged to have abandoned the child, while being able, failed to establish contact with the child or accept responsibility for the child’s welfare. Section 63.032(1), Florida Statutes, defines “abandoned” to mean a situation in which the parent or person having legal custody of a child, while being able, makes little or no provision for the child’s support or makes little or n...

...the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child’s mother during her pregnancy. 5  Having referenced abandonment as defined in section 63.032(1), section 63.089(4) continues: (a) In making a determination of abandonment at a hearing for termination of parental rights under this chapter, the court shall consider, among other relevant factors not inconsistent with this section: 1....

...consideration the needs of the child and relative means and resources available to the person alleged to have abandoned the child. Subsection (4)(a) requires no parsing. According to its terms, the trial court will make a finding of abandonment as defined in section 63.032(1) and, in doing so, consider the four factors in subparagraphs 1.-4. But, section 63.089(4)(b), Florida Statutes, contemplates a distinctly different scenario, as is evident in its opening sentence: The child has been...

...By its clear terms, subsection (4)(b) is an independent, alternative means of establishing abandonment. In the instant case, however, the trial court applied the factors in section 63.089(4) linearly, beginning with the introductory reference to the definition of abandonment in section 63.032, then proceeding downward to the salient considerations in subsections (4)(a) and (4)(b)....

...The period of incarceration will be 13 years. The child is currently 13 years old. . . . While few people could argue 13 out of 18 years is not a significant period of time, the child has not also been abandoned by the [F]ather as required by section 63.089(4) and defined in section 63.032, Fla....

...See § 63.089(4)(b)1.-3, Fla. Stat. Unquestionably, by its plain terms, section 63.089(4)(b) is to be read separate and apart from section 63.089(4) and (4)(a). Moreover, the trial court’s misapprehension that the definition of “abandoned” in section 63.032(1) overlays all of section 63.089(4) led it to accord undue importance to the Second District’s opinion in In re B.W.G., 198 So....

...2d DCA 2016), and that decision’s emphasis on the parent’s conduct as manifesting a settled purpose to permanently forgo all parental rights—behavior evincing a complete relinquishment of responsibility. But B.W.G. did not involve an incarcerated parent. The analysis in that case proceeded under sections 63.032 and 63.089(4)(a). However, and as noted by the trial court below, the Second District in B.W.G....

...The trial court concluded, however, that “[i]f incarceration for a significant period of the child’s minority should, by itself, constitute grounds for termination of parental rights absent a finding that the parent also 8 did not abandon the child according to the definition of section 63.032(1), the legislature should amend the statutes to reflect this.” That conclusion is not consistent with the statute, since the unambiguous language of section 63.089(4)(b) provides that “[t]he child has been abandoned when” the parent will be incarcerated for a significant period of the child’s minority....

...search chapter 316 for the discrete vehicular equipment requirements. That process requires reading different statutory sections in pari materia. But the introductory language of section 63.089(4) does not require going outside the statutory criteria apart from the reference to section 63.032....

...Accordingly, the trial court erred as a matter of law in concluding that the ground for termination listed in section 63.089(4)(b) had not been met because Appellants failed to prove by clear and convincing evidence that Appellee abandoned R. as that term is defined in section 63.032(1) and section 63.089(4)(a). As a result, the cause must be remanded for the court to reconsider Appellants’ petition under the correct interpretation of the statute. B. Moreover, due to evidentiary errors committed by the trial court, a new hearing is required on remand....

adoptive parents is specifically rejected by section 63.032(2), Florida Statutes (2005) (defining adoption

...r.' " (citation omitted)). . DCF approved $20,850 in fees, apportioned as follows: (1) $750 for the application fee; (2) $19,000 for the placemenVservice fee; and (3) $1,100 for an interstate placement fee (Appellees are residents of Connecticut). . Section 63.032(6), Florida Statutes (2011), defines "agency” as “any child-placing agency licensed by the department pursuant to section 63.202 to place minors for adoption.”

...Accordingly, the final home investigation should resume when the child is returned to the adoptive parents' home. See § 63.125, Fla. Stat. (1992). [1] The prospective parents were preliminarily approved to adopt a child through an intermediary as permitted under Florida law. See § 63.032(8), Fla....

...If she was not, then the adoption must be nullified and this case remanded. Simplistically stated, the birth father’s consent to adoption was required in this case unless the evidence shows that he “abandoned” the child. § 63.072(1), Fla.Stat. (1992). The term “abandoned” is defined in section 63.032(14), Florida Statutes (1992), and provides, inter alia, that “In making this decision, [whether abandonment has occurred] the court may consider the conduct of the father towards the child’s mother during her pregnancy.” The tria...

...��s reasoning and thus a partial basis for our affirmance is the issue of emotional support or lack of it, we certify to the supreme court as a question of great public importance the following: IN MAKING A DETERMINATION OF ABANDONMENT AS DEFINED BY SECTION 63.032(14), FLORIDA STATUTES (SUPP.1992), MAY A TRIAL COURT PROPERLY CONSIDER LACK OF EMOTIONAL SUPPORT AND/OR EMOTIONAL ABUSE OF THE FATHER TOWARD THE MOTHER DURING PREGNANCY AS A FACTOR IN EVALUATING THE “CONDUCT OF A FATHER TOWARDS THE C...

...ED AND ADJUDGED that any requirement entered by the Court after the first trial is null and void and the Father is under no legal obligation to provide support or visit the minor child. Therefore, the Father has not abandoned the child as defined in section 63.032(1), Florida Statutes, and the case is hereby dismissed....

...of the issuance of our mandate. REVERSED and REMANDED. EVANDER, COHEN and WALLIS, JJ., concur. . The statute was amended, effective July 1, 2012; however, the relevant language remains the same in the current statute. . “Abandoned” is defined in section 63.032(1) to mean: a situation in which the parent or person having legal custody of a child, while being able, makes no provision for the child’s support and makes little or no effort to communicate with the child, which situation is sufficient to evince an intent to reject parental responsibilities....

“established by court proceeding to be his child.” See § 63.032(19), Fla. Stat. (2004) (defining the phrase “unmarried

...ing the child to be legally the child of the adoptive parents and their heir at law and entitled to all the rights and privileges and subject to all the obligations of a child born to such adoptive parents in lawful wedlock. § 63.032(2), Fla....

...is married to a petitioner.” See § 63.172(1)(a)-(b) (emphasis added). However, calling the father “a petitioner” was a misnomer because the Adoption Act does not allow a parent, whose parental rights are intact, to petition to adopt his or her own child. See § 63.032(2) (defining adoption as the act of creating the legal relationship between parent and child where it did not exist); § 63.172(1)(c) (stating that the effect of a judgment of adoption is to “create[] the relationship between the adopted person and the petitioner ....

...was essentially sanctioning adoption by a stepparent because at the time, same-sex marriage was illegal in Florida. The Legislature has clearly stated its preference that an adoption result in “adoptive parents” raising the adoptee as if the child were “born to such adoptive parents in lawful wedlock.” § 63.032(2). We find that the petitioners in D.P.P....

...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. Stat. (1985). Section 63.032(8) defines "intermediary:" "Intermediary" means an attorney or physician who is licensed or authorized to practice in this state or, for the purpose of adoptive placements of children from out of state with citizens of this state, a child-placing agency licensed in another state that is qualified by the department. Section 63.032(9) defines "placement:" "To place" or "placement" means the process of giving or transferring of possession or custody, or arranging for the giving or transferring of possession or *977 custody, of a child by any person to another person for adoption....

...Nonetheless, a finding of abandonment under section 63.089(3) waives the consent requirement of any persons under section 63.062(1). See id. § 63.089(3)-(4); see also J.C.J. v. Heart of Adoptions, Inc. , 989 So.2d 32 , 35 (Fla. 2d DCA 2008) ("Abandonment waives the biological father's right to oppose adoption."). Section 63.032(1), Florida Statutes (2016), defines "abandoned" as follows: (1) "Abandoned" means a situation in which the parent or person having legal custody of a child, while being able, makes little or no provision for the child's support or mak...

...es, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child's mother during her pregnancy. In addition, section 63.089(4) provides that a finding of abandonment under section 63.032(1) must be supported by clear and convincing evidence and identifies additional factors for the court's consideration: A finding of abandonment may also be based upon emotional abuse or a refusal to provide reasonable financial support...

...Whether the amount of support provided or medical expenses paid was appropriate, taking into consideration the needs of the child and relative means and resources available to the person alleged to have abandoned the child. § 63.089(4), Fla. Stat. (2016). Here, the trial court made no specific findings under sections 63.032(1) or 63.089(4)....

...owing individuals to an adoption: (1) A parent who has deserted a child without affording means of identification or who has abandoned a child; (2) A parent whose parental rights have been terminated by order of a court of competent jurisdiction.... Section 63.032(14), Florida Statutes (2000), defines abandonment as: A situation in which the parent or legal custodian of a child, while being able, makes no provision for the child’s support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations....

DETERMINATION OF ABANDONMENT AS DEFINED BY SECTION 63.032(14), FLORIDA STATUTES (SUPP.1992), MAY A TRIAL

the parent abandoned the child, as defined in section 63.032. § 63.089(3)(e), Fla. Stat. And section 63

...Nonetheless, a finding of abandonment under section 63.089(3) waives the consent requirement of any persons under section 63.062(1). See id. § 63.089(3)–(4); see also J.C.J. v. Heart of Adoptions, Inc., 989 So. 2d 32, 35 (Fla. 2d DCA 2008) (“Abandonment waives the biological father’s right to oppose adoption.”). Section 63.032(1), Florida Statutes (2016), defines “abandoned” as follows: (1) “Abandoned” means a situation in which the parent or person having legal custody of a child, while being able, makes l...

...abandoned. In making this decision, the court may consider the conduct of a father towards the child’s mother during her pregnancy. In addition, section 63.089(4) provides that a finding of abandonment under section 63.032(1) must be supported by clear and convincing evidence and identifies additional factors for the court’s consideration: A finding of abandonment may also be based upon emotional abuse or a refusal to pro...

...ration the needs of the child and relative means and resources available to the person alleged to have abandoned the child. § 63.089(4), Fla. Stat. (2016). Here, the trial court made no specific findings under sections 63.032(1) or 63.089(4)....

...The Act provides in material part as follows: (4) FINDING OF ABANDONMENT. — A finding of abandonment resulting in a termination of parental rights must be based upon clear and convincing evidence that a parent or person having legal custody has abandoned the child in accordance with the definition contained in s. 63.032(1)....

...l efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child’s mother during her pregnancy. § 63.032(1), Fla....

...r-old child barely remembered Father. This evidence clearly supported the trial court’s finding that the contacts were “marginal,” and the Act provides that such “marginal” contacts are not sufficient to avoid a finding of abandonment. See § 63.032(1), Fla....

...other relevant circumstances in every case. The court's confusion on this point stemmed from its misapprehension that a proposed change of placement to which the best interests factors apply refers only to a physical relocation of the child. But section 63.032(14) defines "placement" not as a physical entrustment, but as "the process of a parent or legal guardian surrendering a child for adoption and the prospective adoptive parents receiving and adopting the child and all actions by any ado...

...physical custody of the child and the right and duty to protect, nurture, guide, and discipline the child and to provide him or her with food, shelter, education, and ordinary medical, dental, psychiatric, and psychological care." § 39.01(39); see § 63.032(11) (incorporating by reference the definition of legal custody from section 39.01)....

...The complaint, in pertinent part, alleged that HRS is authorized to bring this suit for injunctive relief pursuant to section 381.031(3)(b)(3), Florida Statutes (1984); that National and Gittelman are not a licensed child-placing agency or intermediary as defined in section 63.032(7) and (8), Florida Statutes (1984); and that National and Gitelman operate an unlawful referral service pursuant to section 63.212(l)(g), Florida Statutes (1984)....

...except in section 63.092(9), having to do with intermediaries. That section provides that, if an intermediary violates the provisions of that section, the department may seek an injunction against that intermediary. “Intermediary” is defined in section 63.032(8) as an attorney or physician licensed or authorized to practice in this state or any person, other than a licensed agency, who is qualified by the department to place a child for adoption....

...parent should not have to seek out the correct one. We disagree with the jurisdictional analysis of the court below. Clearly, all circuit courts within the State of Florida have subject matter jurisdiction to hear adoptions and related proceedings. § 63.032(3), Fla....

...equently entered a final judgment of adoption in favor of W.T.J. The district court framed the issue on appeal as “whether the trial court erred in finding that appellant’s conduct constituted abandonment of his minor child within the meaning of section 63.032, Florida Statutes (1995).” 702 So.2d at 1343 ....

...Chapter 63, Florida Statutes, governs adoptions in Florida. Adoption is the act of creating a legal relationship between parent and child where that relationship did not exist, thereby declaring the child to be legally the child of the adoptive parent. See § 63.032(10), Fla....

...ngthy term of imprisonment is conduct which may support a finding of abandonment. 1 Statutory and case law allows a court to consider a natural father’s prebirth conduct when making a determination of abandonment in an adoption proceeding. See id. § 63.032(14); In re Baby E.A.W., 658 So.2d 961 (Fla.1995); In re Adoption of Doe, 543 So.2d 741, 747 (Fla.1989). Section 63.032(14), Florida Statutes (1995), which defines abandonment, authorizes a trial court making an abandonment determination to take into account the “conduct of a father towards the child’s mother during her pregnancy.” In Baby E.A.W.,...

...ial period of the child’s minority are factors which may support a finding of abandonment under chapter 63, Florida Statutes. In response to the certified question, we find that B.W. is not an impediment to our holding. B.W., a case which predates section 63.032(14), Florida Statutes (1995), and our opinions in Doe and E.A.W., involved the question of whether incarceration, by itself, could support a finding of abandonment....

...This is a timely appeal of a final order terminating the parental rights of the natural father and an order granting a petition for adoption which was rendered the same day. The issue is whether the trial court erred in finding that appellant’s conduct constituted abandonment of his minor child within the meaning of section 63.032(14), Florida Statutes (1995)....

...In its order denying the grandparent’s petition, the trial court found by clear and convincing evidence that the father had abandoned the child, both “financially and emotionally,” based on the definition of “abandoned” contained within section 63.032, Florida Statutes (2014).1 The trial court further stated, however: W....

...of abandonment resulting in a termination of parental rights must be based upon clear and convincing evidence that a parent or person having legal custody has abandoned the child in accordance with the definition contained in s. 63.032. § 63.089(4), Fla. Stat. (2014). Section 63.032(1) defines “abandoned” as: ”Abandoned” means a situation in which the parent or person having legal custody of a child, while being able, makes little or no provision for the child's support or makes little o...

...If, in the opinion of the court, the efforts of such parent or person having legal custody of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. § 63.032(1), Fla....

...statute requires. We reach that conclusion because section 63.089(4) states the sole ground for termination of parental rights, absent consent, and requires a finding by clear and convincing evidence that the parent has “abandoned” the child as defined in section 63.032(1)....

...We construe the provisions of section 63.089(4)(a) to simply list factors the trial court should consider which the legislature deemed to be particularly pertinent. We do not construe the provisions of section 63.089(4)(a) to limit the definition of “abandoned” under section 63.032(1) to only those situations. As we observed in J.S....

PER CURIAM. Adoption Hot Line, Inc. appeals from an order of permanent injunction after the trial court determined that Adoption Hot Line was acting in the capacity of an intermediary as defined by Section 63.032(8), Florida Statutes (1979) and was an unlicensed child placing agency in violation of Chapter 63, Florida Statutes (1979)....

...The recommendation of the department, licensed child-placing agency, or professional that prepared the preliminary study and home investigation, or the department if no such study was prepared, concerning the advisability of disclosure. § 63.162(4)(b), Fla. Stat. (2023). 2 Section 63.032(9) defines “department” as the Florida Department of Children and Families. § 63.032(9), Fla....

...gal custody of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. § 63.032(1); see also M.A.F....

...hildren is not supported by competent substantial evidence. In particular, the evidence was not legally sufficient to support a finding that the mother's actions evinced a settled purpose to forgo and relinquish all parental responsibilities. See § 63.032(1); see also G.T., 725 So....

...Iglikova argues that an adjudication of paternity should be equated with an adoption that took place after the execution of the will. We decline to adopt such a rationale, as the two are distinct. “ ‘Adoption’ means the act of creating the legal relationship between parent and child where it did not exist.” § 63.032(3), Fla....

...to be placed with a relative within the third degree or a stepparent. The department contends that since the respondents live and work in Massachusetts, the child is being placed for adoption in Massachusetts. The problem with this argument is that section 63.032(9), Florida Statutes (1981), defines placement as “the process of giving or transferring of possession or custody ......

jurisdictions is similar. See 65 C.J.S. Negligence § 63(32). On the other hand, where the presence of the

PER CURIAM. As there is substantial competent evidence in the record to support the trial court’s conclusion that the birth mother did not abandon her minor child as defined by section 63.032(14), Florida Statutes (1997); see also In Interest of D.A.H., 390 So.2d 379, 381 (Fla....