CopyCited 134 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660
...te a relationship with his child in accordance with the requirements of this chapter. Accordingly, the Legislature prescribed the actions that an unmarried biological father must take to establish his right to notice of and consent to an adoption. §§
63.054,
63.062(2), Fla. Stat. (2005). A central feature of the Florida Adoption Act is the Florida Putative Father Registry. Section
63.054 establishes the Registry and provides that an unmarried biological father must timely file a claim of paternity with the Registry in order to preserve his right to notice of and consent to an adoption. §
63.054(1), Fla....
...rvice, a verified response that contains a pledge of commitment *197 to the child in substantial compliance with subparagraph (2)(b)2." Id. By filing a claim of paternity with the Registry, an unmarried biological father can request DNA testing. See § 63.054(2), Fla....
...ed, including the interest in prompt adoption proceedings, if an unmarried biological father could avoid having his parental rights terminated prior to an adoption, even though he failed to comply with the requirements of section
63.062(2). In fact, section
63.054(1) contemplates that the termination of parental rights proceedings will operate against unmarried biological fathers in order to promote finality and certainty by providing that an unmarried biological father must file a claim of pate...
...on (3)(b) indicates that the adoption entity has an obligation to timely serve notice of the intended adoption plan, including both notice of the Registry and the affidavit requirements, on any unmarried biological father who is known and locatable. Section
63.054, which establishes the Registry, also supports this construction of section
63.062(3)(a). Section
63.054(13), Florida Statutes (2005), provides that "[t]he filing of a claim of paternity with the Florida Putative Father Registry does not excuse or waive the obligation of a petitioner to comply with the requirements for conducting a dilige...
...[7] Of course, all of the issues presented on remand are contingent on J.A. establishing that he is the child's biological father. [8] We note that by filing a claim of paternity with the Registry, an unmarried biological father can request DNA testing. See § 63.054(2), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2683776
...("the Agency"), filed a petition to terminate J.C.J.'s parental rights pending adoption pursuant to section
63.087. The trial court found that J.C.J.'s consent to adoption was not required here pursuant to section
63.062 because J.C.J. had failed to comply with section
63.054, which requires "an unmarried biological father" to "file a notarized claim of paternity form with the Florida Putative Father Registry." §
63.054(1)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 1373243
...The revised statutory scheme contains several provisions and concepts new to Florida law, many relating to the rights of unmarried, putative biological fathers. The most significant change in the statutory scheme, as a result of the 2003 revisions, was the creation of the Florida Putative Father Registry. Section 63.054(1), Florida Statutes (2004), specifically provides, In order to preserve the right to notice and consent to an adoption under this chapter, an unmarried biological father must, as the "registrant," file a notarized claim of paternity f...
CopyCited 3 times | Published | Supreme Court of Florida
...The court *298 may choose not to require consent to an adoption in some circumstances. For more information about situations where consent may not be required, see section
63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney. Section
63.054, Florida Statutes, requires that in each adoption proceeding, the Florida Putative Father Registry be searched....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2033896
...options, Inc., pursuant to section
63.087, Florida Statutes (2004). He also appeals an order dismissing as moot his complaint to determine parentage under chapter 742, Florida Statutes (2004). This case involves the Florida Putative Father Registry, section
63.054, Florida Statutes (2004), and presents complicated issues affecting the legal rights of many Floridians. A.S. attempts to raise constitutional challenges to the Registry that were not preserved below. We conclude that this case can be resolved purely as a matter of statutory law. Accordingly, we decline to review the facial constitutionality of section
63.054....
...On the other hand, the legislature has established chapter 742 as the "primary jurisdiction" to determine paternity. See §
742.10(1), Fla. Stat. (2004). We conclude that in those relatively rare and unusual circumstances in which a putative biological father, who did not comply with section
63.054, files an action to determine parentage under chapter 742 before the conclusion of the adoption, the putative father is entitled to resolution of the chapter 742 proceeding prior to the adoption....
...[9] Gift of Life filed a very short motion for summary judgment, arguing that the trial court should enter a final judgment terminating A.S.'s parental rights because he did not comply with the statutes creating the Florida Putative Father Registry. See §§ 63.054, .062(2)....
...It is undisputed, however, that the claim was untimely because it was filed after the mother had executed her consent to the adoption and after Gift of Life filed its petition for termination of parental rights pending adoption. See §
63.062(b)(1); see also §
63.054(1) ("The claim of paternity may be filed [with the Florida Putative Father Registry] at any time prior to the child's birth, but a claim of paternity may not be filed after the date a petition is filed for termination of parental rights.")....
...ssively pursue his rights may provide the protection of the father's "opportunity" to establish his parental relationship and thus make the provisions of chapter 63 less susceptible to as-applied constitutional attacks. [19] Gift of Life argues that section 63.054(1) bars such an action....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 13457
...nity, but that the mother would not let him see the child. The boyfriend’s affidavit stated he had no income and $50 in assets. On February 19, 2010, the boyfriend filed a claim of paternity with the Florida Putative Fathér Registry. According to section 63.054(1), Florida Statutes (2010), one legal effect of this filing was that it “preserved] the [boyfriend’s] right to notice and consent to an adoption” under Chapter 63, Florida Statutes....
CopyCited 1 times | Published | Supreme Court of Florida
...ts you seek to terminate. You do have to look in all of these places, and the court must believe that you have made a very serious effort to get information about the person’s location and that you have followed up on any information you received. Section 63.054, Florida Statutes, requires that in each adoption a search of Florida’s Putative Father Registry must be conducted....
...*647 [[Image here]] *648 [[Image here]] INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.981(a)(6), MOTION FOR SEARCH OF THE PUTATIVE FATHER REGISTRY (03/15) When should this form be used? This form should be used when a stepparent is adopting his or her spouse’s child. Section 63.054, Florida Statutes, requires that a search of Florida’s Putative Father Registry be conducted in every adoption proceeding....
...The court may choose not to require consent to an adoption in some circumstances. For more information about situations where consent may not be required, see section
63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney. Section
63.054, Florida Statutes, requires that in each adoption proceeding, the Florida Putative Father Registry be searched....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 14110
father, who properly registers pursuant to section
63.054, Florida Statutes (2004), but fails to subsequently
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 597042
...2d DCA 2006), review denied, Gift of Life Adoptions, Inc. v. A.S.,
944 So.2d 344 (Fla.2006), we adopt much of the same interpretation given the pertinent statutes by the Second District in Baby A., in which the court held that despite the provisions of section
63.054(1), Florida Statutes (2004), requiring that an unmarried biological father file a claim of paternity before the date a petition for termination of rights is filed, the father who files such a claim is nonetheless entitled to the resolution of such claim before the conclusion of an adoption proceeding....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 1172
...Appellant, a putative father, 1 challenges the denial of his motion to intervene and motion for relief from a final judgment of termination of parental rights, claiming he had no notice of the proceedings. Because he did not register with the Florida Putative Fathers Registry pursuant to section 63.054, Florida Statutes (2016), he was not entitled to notice....
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227
...The court may choose not to require consent to an adoption in some circumstances. . For more information about situations where consent may not be required, see section
63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney. Section
63.054, Florida Statutes, requires that in each adoption proceeding, the Florida Putative Father Registry be searched....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 15505
...(“the Agency”), filed a petition to terminate J.C.J.’s parental rights pending adoption pursuant to section
63.087. The trial court found that J.C.J.’s consent to adoption was not required here pursuant to section
63.062 because J.C.J. had failed to comply with section
63.054, which requires “an unmarried biological father” to “file a notarized claim of paternity form with the Florida Putative Father Registry.” §
63.054(1)....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 13481, 2009 WL 2901298
...trates a timely and full commitment to the responsibilities of parenthood." §
63.022(1)(e), Fla. Stat. (2007). In order to preserve his right to notice and consent to an adoption, an unmarried biological father must comply with the dictates of both section
63.054, Florida Statutes (2007), and section
63.062(2). Heart of Adoptions, Inc. v. J.A.,
963 So.2d 189, 196 (Fla.2007). Section
63.054(1) requires an unmarried biological father to file a timely claim of paternity with the Putative Father Registry, which is maintained by the Office of Vital Statistics. Such a claim is timely if the unmarried biological father files it before the filing of a petition for termination of parental rights. §
63.054(1)....
...nd the child's birth in accordance with his financial ability" and if not prevented from doing so by the birth mother or the person or agency having lawful custody. An unmarried biological father who fails to comply with the requirements of sections
63.054(1) and
63.062(2) waives and surrenders his rights regarding the child. §§
63.054(1),
63.062(2)(d)....
...However, an unmarried biological father is entitled to notice of the intended adoption plan before his rights can be deemed waived and surrendered. See §
63.062(3)(a); J.A.,
963 So.2d at 199. The notice must specifically inform the unmarried biological father of his obligation to comply with the requirements of sections
63.054 and
63.062(2) and the consequences for failing to comply. Id. II. Timeliness of Notice We address K.D.'s argument regarding the timeliness of notice first because it is dispositive of this case. K.D. argues that GLA should have provided him notice of his obligation to preserve his rights under sections
63.054 and
63.062(2) before filing the petition for termination of parental rights. K.D. argues that once GLA filed a petition for termination of parental rights, he was no longer able to comply with section
63.054 because section
63.054(1) specifies that a claim of paternity may not be recorded after the date that a petition for termination of parental rights is filed....
...irty days. J.A.,
963 So.2d at 202. A failure to provide such notice requires reversal of an order terminating the unmarried biological father's parental rights and remand for an opportunity for the unmarried biological father to comply with sections
63.054 and
63.062(2) after notice is provided....
...was not served with notice of the intended adoption plan at any time. Accordingly, the circuit court erred in terminating K.D.'s parental rights because GLA did not provide K.D. with timely notice of and opportunity to comply with his obligations under sections
63.054(1) and
63.062(2). III. Sufficiency of Notice Although not necessary to our disposition, we next address K.D.'s argument that the notice of the petition was insufficient to inform him of his obligations under sections
63.054(1) and
63.062(2)....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607
...FORM 12.981(a)(6),
MOTION FOR SEARCH OF THE PUTATIVE FATHER REGISTRY (11/15)
When should this form be used?
This form should be used when a stepparent is adopting his or her spouse’s child. Section 63.054, Florida
Statutes, requires that a search of Florida’s Putative Father Registry be conducted in every adoption
proceeding....
...__________________, files this Motion for Search of the
Putative Father Registry, pursuant to Chapter 63, Florida Statutes, and states:
1. This is an action for adoption of a minor by the child’s stepparent, who is the Petitioner. .
2. Section 63.054, Florida Statutes, requires that in every adoption, a search of the Putative Father
Registry maintained by the Department of Health, Office of Vital Statistics be conducted. Section
63.0541, Florida Statutes, makes information maintained by the Registry confidential and exempt
from public disclosure, except that it may be disclosed to adoption entities, registrant unmarried
biological fathers, and...
...The court may choose not to require consent to an adoption in some circumstances. For more
information about situations where consent may not be required, see section
63.064, Florida Statutes. If
you are attempting to proceed without the consent of the other birth parent, you may wish to consult
with an attorney. Section
63.054, Florida Statutes, requires that in each adoption proceeding, the Florida
Putative Father Registry be searched....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 6233
BENTON, J. We are asked to decide whether the trial court erred in ruling that (1) section
63.088(1), Florida Statutes (2007), runs afoul of due process guarantees insofar as it deems unmarried biological fathers on notice that section
63.054, Florida Statutes (2007), requires them to file a claim of paternity with the Florida Putative Father Registry (Registry) in order to protect paternal rights; 1 and in ruling that (2) the Servicemembers Civil Relief Act, 50 U.S.C....
...Act’s tolling provision excused C.L.G.’s late filing of his claim of paternity with the Registry: The statute provides that “a claim of paternity may not be filed after the date a petition is filed for termi *900 nation of parental rights,” § 63.054(1), Fla....
...m of paternity with the Registry in order to protect their paternal rights. But the trial court’s rulings overlook the fact that the registration requirement for preservation of paternal rights applies only to an “unmarried biological father.” § 63.054(1), Fla....
...n of parental rights. See Cashatt v. State,
873 So.2d 430, 436 (Fla. 1st DCA 2004) (“a statute is to be construed where fairly possible so as to avoid substantial constitutional questions”). A fortiori, any consequence the Act might have had for section
63.054(1) or
63.088(1) had no bearing on C.L.G.’s rights, once he was married to the child’s mother....
...State,
829 So.2d 901 , 906-07 (Fla.2002) (discussing application of the “tipsy coachman” rule). Once D.P. and L.P. filed a petition for termination of parental rights (on March 11, 2008), C.L.G. lost the statutory right to file a claim of paternity under section
63.054(1). When he married A.R.L., however, his failure to file a timely claim of paternity with the Registry became immaterial, because he was no longer subject to section
63.054(1) or
63.088(1)....
...artment of Health a copy of the petition for termination of parental rights. The Office of Vital Statistics of the Department of Health shall not record a claim of paternity after the date that a petition for termination of parental rights is filed. § 63.054(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2010 WL 1791911
...Coxe of Korn & Zehmer, P.A., Jacksonville, for Appellees. BENTON, J. We are asked to decide whether the trial court erred in ruling that (1) section
63.088(1), Florida Statutes (2007), runs afoul of due process guarantees insofar as it deems unmarried biological fathers on notice that section
63.054, Florida Statutes (2007), requires them to file a claim of paternity with the Florida Putative Father Registry (Registry) in order to protect paternal rights; [1] and in ruling that (2) the Servicemembers Civil Relief Act, 50 U.S.C....
...that the Act's tolling provision excused C.L.G.'s late filing of his claim of paternity with the Registry: The statute provides that "a claim of paternity may not be filed after the date a petition is filed for termination *900 of parental rights," § 63.054(1), Fla....
...a claim of paternity with the Registry in order to protect their paternal rights. But the trial court's rulings overlook the fact that the registration requirement for preservation of paternal rights applies only to an "unmarried biological father." § 63.054(1), Fla....
...ation of parental rights. See Cashatt v. State,
873 So.2d 430, 436 (Fla. 1st DCA 2004) ("a statute is to be construed where fairly possible so as to avoid substantial constitutional questions"). A fortiori, any consequence the Act might have had for section
63.054(1) or
63.088(1) had no bearing on C.L.G.'s rights, once he was married to the child's mother....
...State,
829 So.2d 901, 906-07 (Fla. 2002) (discussing application of the "tipsy coachman" rule). Once D.P. and L.P. filed a petition for termination of parental rights (on March 11, 2008), C.L.G. lost the statutory right to file a claim of paternity under section
63.054(1). When he married A.R.L., however, his failure to file a timely claim of paternity with the Registry became immaterial, because he was no longer subject to section
63.054(1) or
63.088(1)....
...artment of Health a copy of the petition for termination of parental rights. The Office of Vital Statistics of the Department of Health shall not record a claim of paternity after the date that a petition for termination of parental rights is filed. § 63.054(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 8011
creation of the Florida Putative Father Registry. Section
63.054(1), Florida Statutes (2004), specifically provides
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 4700, 2016 WL 1178018
...A biological father who is not identified by the mother by the time she consents to adoption, but who wishes to preserve the right to notice and consent, must register with the Florida Putative Father Registry by the date a petition for termination of parental rights is filed. § 63.054(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 4545
Act is the Florida Putative Father Registry. See §
63.054. Another central feature of the Act is the authorization
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 914676
...and J.C.J., I write to express my view concerning the correct interpretation of the rights of unmarried biological fathers under chapter 63, the Florida Adoption Act (the Act). A central feature of the Act is the Florida Putative Father Registry. See § 63.054....
...red any rights in relation to the child, including the right to notice of any judicial proceeding in connection with the adoption of the child, and his consent to the adoption of the child is not required. (Emphasis added.) See §§
63.062(2)(b)(1);
63.054....
...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 . . . [to establish] legal paternity rights in accordance with the requirements of [the Act]." Section
63.054(1) provides that a "claim of paternity may be filed at any time prior to the child's birth, but a claim of paternity may not be filed after the date a petition is filed for termination of parental rights." While I recognize that A.S....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
...whose rights you seek to terminate. You do have to look in all of these places, and the court must
believe that you have made a very serious effort to get information about the person’s location and that
you have followed up on any information you received. Section 63.054, Florida Statutes, requires that in
each adoption a search of Florida’s Putative Father Registry must be conducted....
...FORM 12.981(a)(6),
MOTION FOR SEARCH OF THE PUTATIVE FATHER REGISTRY (03/15)
When should this form be used?
This form should be used when a stepparent is adopting his or her spouse’s child. Section 63.054,
Florida Statutes, requires that a search of Florida’s Putative Father Registry be conducted in every
adoption proceeding....
...__________________, files this Motion for Search of the
Putative Father Registry, pursuant to Chapter 63, Florida Statutes, and states:
1. This is an action for adoption of a minor by the child’s stepparent, who is the Petitioner. .
2. Section 63.054, Florida Statutes, requires that in every adoption, a search of the Putative Father
Registry maintained by the Department of Health, Office of Vital Statistics be conducted.
Section 63.0541, Florida Statutes, makes information maintained by the Registry confidential
and exempt from public disclosure, except that it may be disclosed to adoption entities,
registrant unmarried biological fathers, and the cou...
...EGISTRY
Upon consideration of Petitioner’s Motion for Search of the Putative Father Registry, this Court finds:
1. This is an action for adoption of a minor by the child’s stepparent, Petitioner, who is proceeding
pro se.
2. Section 63.054, Florida Statutes, requires that in every adoption, a search of the Putative Father
Registry maintained by the Department of Health, Office of Vital Statistics be conducted.
Section 63.0541, Florida Statutes, makes information maintained by the Registry confidential
and exempt, except that it may be disclosed to adoption entities, registrant unmarried biological
fathers, the birth mother, and the court, u...
...The court may choose not to require consent to an adoption in some circumstances. For
more information about situations where consent may not be required, see section
63.064, Florida
Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish
to consult with an attorney. Section
63.054, Florida Statutes, requires that in each adoption proceeding,
the Florida Putative Father Registry be searched....
CopyPublished | Supreme Court of Florida | 2004 WL 583720
...The 2003 Florida Legislature amended numerous statutes related to adoption, in- *792 eluding sections
63.022,
63.062,
63.082,
63.085,
63.087- 089,
63.102,
63.112,
63.122,
63.132,
63.142, and
63.182, Florida Statutes (2002). The 2003 Florida Legislature also created new laws related to adoption, including sections
63.053,
63.054, and
63.064, Florida Statutes (2003)....
...ental Rights Pending Stepparent Adoption, Florida Supreme Court Approved Family Law Form 12.981(a)(7); and Stepparent Adoption: Consent of Adult Adoptee’s Birth Parents), Florida Supreme Court Approved Family Law Form 12.981(c)(3). 2 Newly enacted section 63.054(7), Florida Statutes (2003), provides that in each termination of parental rights proceeding or adoption under chapter 63, the petitioner must search the Putative Father Registry. See ch.2003-58, § 11 at 471, Laws of Fla. Because section 63.0541, Florida Statutes (2003), contains a public records exsmption for the Putative Father Registry and provides that information made confidential *793 may be disclosed upon issuance of a court order concerning a petitioner acting pro se,...
...ts you seek to terminate. You do have to look in all of these places, and the court must believe that you have made a very serious effort to get information about the person’s location and that you have followed up on any information you received. Section 63.054, Florida Statutes, requires that in each adoption a search of Florida’s Putative Father Registry must be conducted....
...form. INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.981(a)(6), MOTION FOR SEARCH OF THE PUTATIVE FATHER REGISTRY When should this form be used? This form should be used when a stepparent is adopting his or her spouse’s child. Section 63.054, Florida Statutes, requires that a search of Florida’s Putative Father Registry be conducted in every adoption proceeding....
...MOTION FOR SEARCH OF THE PUTATIVE FATHER REGISTRY Petitioner, {full legal name}_, files this Motion for Search of the Putative Father Registry, pursuant to Chapter 63, Florida Statutes, and states: 1. This is an action for adoption of a minor by the child’s stepparent, Petitioner, who is proceeding pro se. 2. Section 63.054, Florida Statutes, requires that in every adoption, a search of the Putative Father Registry maintained by the Department of Health, Office of Vital Statistics be conducted. Section 63.0541, Florida Statutes, makes information maintained by the Registry confidential and exempt from public disclosure, except that it may be disclosed to adoption entities, registrant unmarried biological fathers, and the court, upon issuance of a court order concerning a petitioner acting pro se....
...ORDER GRANTING MOTION FOR SEARCH OF THE PUTATIVE FATHER REGISTRY Upon consideration of Petitioner’s Motion for Search of the Putative Father Registry, this Court finds: 1. This is an action for adoption of a minor by the child’s stepparent, Petitioner, who is proceeding pro se. 2. Section 63.054, Florida Statutes, requires that in every adoption, a search of the Putative Father Registry maintained by the Department of Health, Office of Vital Statistics be conducted. Section 63.0541, Florida Statutes, makes information maintained by the Registry confidential and exempt, except that it may be disclosed to *806 adoption entities, registrant unmarried biological fathers, and the court, upon issuance of a court order concerning a petitioner acting pro se....
CopyPublished | Florida 4th District Court of Appeal
Florida Putative Father Registry. According to section
63.054(1), Florida Statutes (2010), one legal effect
CopyPublished | Florida 2nd District Court of Appeal
...other may have
disclosed to GLA that S.R.B. was the baby's biological father. S.R.B. was not named on
the child's birth certificate, nor, at the time the proceeding was commenced, had S.R.B.
registered with the Florida Putative Father Registry under section 63.054, Florida
Statutes (2017).
-2-
deny GLA's motion for default in order to appoint S.R.B....
CopyPublished | Florida 5th District Court of Appeal | 2009 WL 275173
...Jordan, II, of Edward P. Jordan, II, P.A., Minneola, for Appellant. Patricia L. Strowbridge, of Patricia L. Strowbridge, P.A., Orlando, for Appellees. SAWAYA, J. The issue we address is whether a putative father, who properly registers pursuant to section
63.054, Florida Statutes (2004), but fails to subsequently update his registration after he changed residences, necessarily waives the consent requirement of section
63.062(1), Florida Statutes (2004), and his right to notice of adoption and...
...The mother, T.B., and J.H. were involved in an intimate romantic relationship beginning in July 2002 and ending sometime in January 2004. After J.H. learned that the mother was with child, he registered as a putative father on July 29, 2004, pursuant to section 63.054....
...had relocated his address without updating the address on his registration. No mention was made in the ruling of the fact that J.H. had listed a telephone number in the space provided for an alternate address. Instead, the trial judge emphasized that "[p]ursuant to Florida Statute 63.054(6), it is the responsibility of the Registrant to update his address with the Florida Putative Registry, and failure to do so is at his own risk." A flurry of motions were filed in the adoption and paternity actions by J.H., the mother, and the grandparents....
...and granting the maternal grandparents' petition for adoption. J.H. contends that the final judgment terminating his parental rights and granting the grandparents' petition for adoption must be reversed because he was not notified of the proceedings, and he did not consent to the termination or adoption. Section 63.054, Florida Statutes, establishes the Florida Putative Father Registry (hereinafter "Registry") and requires an unmarried biological father to timely file a claim of paternity with the Registry in order to preserve the right to notice and consent to an adoption. See § 63.054, Fla....
...Significantly, section
63.062(6) provides that the party petitioning for adoption "must make good faith and diligent efforts as provided under s.
63.088 to notify, and obtain written consent from, the persons required to consent to adoption under this section." §
63.062(6), Fla. Stat. (2004). Similarly, section
63.054(13) states: The filing of a claim of paternity with the Florida Putative Father Registry does not excuse or waive the obligation of a petitioner to comply with the requirements for conducting a diligent search and inquiry with respect to the identity of an unmarried biological father or legal father which are set forth in this chapter. §
63.054(13), Fla....
...conclusively established that he was not entitled to notice and that his consent was not necessary. Apparently for the same reason, the trial court also did not consider whether the grandparents had made a diligent search for J.H. in accordance with section
63.054(13) or whether they had made good faith and diligent efforts to obtain written consent from J.H. pursuant to section
63.062(6). This was error. Although the trial court correctly observed that section
63.054(6) requires the putative father "to notify and update the Office of Vital Statistics of any change of address" and that the failure "to report any such change is at the registrant's own risk and shall not serve as a valid defense based upon lack of notice," the provision concludes with an exception that the court did not consider. §
63.054(6), Fla. Stat. (2004). Specifically, section
63.054(6) states that the failure of a putative father to update his address "shall not serve as a valid defense based upon lack of notice, unless the person petitioning for termination of parental rights or adoption has actual or constructive notice of the registrant's address and whereabouts from another source." Id....
CopyPublished | Supreme Court of Florida
...The court may choose not to require consent to an adoption in some circumstances. For more information about situations where consent may not be required, see section
63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney. Section
63.054, Florida Statutes, requires that in each adoption proceeding, the Florida Putative Father Registry be searched....
