Florida Statute 63.063 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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63.063 Responsibility of parents for actions; fraud or misrepresentation; contesting termination of parental rights and adoption.—

(1) Each parent of a child conceived or born outside of marriage is responsible for his or her actions and is not excused from strict compliance with this chapter based upon any action, statement, or omission of the other parent or a third party, except as provided in s. 63.062(2)(a).

(2) Any person injured by a fraudulent representation or action in connection with an adoption may pursue civil or criminal penalties as provided by law. A fraudulent representation is not a defense to compliance with the requirements of this chapter and is not a basis for dismissing a petition for termination of parental rights or a petition for adoption, for vacating an adoption decree, or for granting custody to the offended party. Custody and adoption determinations must be based on the best interests of the child in accordance with s. 61.13.

(3) The Legislature finds no way to remove all risk of fraud or misrepresentation in adoption proceedings and has provided a method for absolute protection of an unmarried biological father’s rights through compliance with this chapter. In balancing the rights and interests of the state and of all parties affected by fraud, including the child, the adoptive parents, and the unmarried biological father, the Legislature has determined that the unmarried biological father is in the best position to prevent or ameliorate the effects of fraud and, therefore, has the burden of preventing fraud.

(4) The Legislature finds that an unmarried biological father who resides in another state may not, in every circumstance, be reasonably presumed to know and comply with the requirements of this chapter. Therefore, if all of the following requirements have been met, an unmarried biological father may contest a termination of parental rights or subsequent adoption and, before entry of the final judgment of adoption, assert his interest in the child. Following such assertion, the court may proceed with an evidentiary hearing if:

(a) The unmarried biological father resides and has resided in another state where the unmarried mother was also located or resided.

(b) The unmarried mother left that state without notifying or informing the unmarried biological father that she could be located in this state.

(c) The unmarried biological father has, through every reasonable means, attempted to locate the mother but does not know or have reason to know that the mother is residing in this state.

(d) The unmarried biological father has substantially complied with the requirements of the state where the mother previously resided or was located in order to protect and preserve his parental interest and rights with regard to the child.

History.—s. 13, ch. 2003-58; s. 9, ch. 2008-151; s. 12, ch. 2012-81.

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Amendments to 63.063

Annotations, Discussions, Cases:

Cases Citing Statute 63.063

Total Results: 6 | Sort by: Relevance | Newest First

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Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007).

Cited 134 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660

...This intent is also evidenced in section 63.053(1), Florida Statutes (2005), which provides that an unmarried biological father's "parental interest may be lost entirely, or greatly diminished, by his failure to timely comply with the legal steps to substantiate a parental interest." Section 63.063(4)(d), Florida Statutes (2005), refers to an out-of-state unmarried biological father having taken necessary steps in that state to "protect and preserve his parental interest." These provisions indicate the Legislature's recognition t...

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In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2033896

...ent a brief oral argument. This court's decision to allow these procedures in the absence of any objection should not be interpreted as a legal ruling on the subject that would create precedent for future cases. [10] A.S. acknowledged, however, that section 63.063, Florida Statutes (2004), provides in pertinent part: (1) Each parent of a child conceived or born outside of marriage is responsible for his or her own actions and is not excused from compliance with the provisions of this chapter bas...

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D.S. v. J.L., 18 So. 3d 1103 (Fla. 1st DCA 2009).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 11046

parents in adoption cases. Compare § 63.062(3) with § 63.063(1). Section 63.062(3) requires an adoption agency

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Ds v. Jl, 18 So. 3d 1103 (Fla. 1st DCA 2009).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2009 WL 2424306

...This omission is significant because the Legislature used the phrases "substantial compliance" and "strict compliance" in two other areas of Chapter 63, showing that it recognized different levels of compliance with respect to the requirements imposed on parents in adoption cases. Compare § 63.062(3) with § 63.063(1)....

...o contest the adoption, he is required "within 30 days after service, [to] file with the court a verified response that contains a pledge of commitment to the child in substantial compliance with subparagraph (2)(b)2." (emphasis added). In contrast, section 63.063(1) provides, "Each parent of a child conceived or born outside of marriage is responsible for his or her actions and is not excused from strict compliance with this chapter based upon any action, statement, or omission of the other parent or a third party ...." (emphasis added). Appellee argues that section 63.063(1) unequivocally requires strict compliance with every provision of Chapter 63. We disagree. By its plain language, section 63.063(1) is specific to situations where a parent has alleged fraud on the part of another person as a basis for excusal from compliance with Chapter 63....

...ns setting forth the legislative intent to govern the entire chapter. It would also ignore the fact that at least some portion of Chapter 63 requires only *1110 substantial compliance, as reflected by the plain language of section 63.062(3). Even if section 63.063(1) were properly interpreted as a statement of general legislative intent for Chapter 63, this observation would not end our analysis of the level of compliance required under section 63.062(2)(b)2. When two statutory provisions conflict, the specific provision controls over the general one. Murray v. Mariner Health, 994 So.2d 1051, 1061 (Fla. 2008). Section 63.062(3) specifically references section 63.062(2)(b)2, while section 63.063 does not....

...ision of section 63.062 indicates that it was less concerned with the form of an unmarried biological father's response to a notice of intended adoption plan than with the substance of it. In arguing that the use of the phrase "strict compliance" in section 63.063(1) should control our analysis, Appellee contends that we should review the legislative history of Chapter 63 and that it supports Appellee's interpretation. Specifically, Appellee notes the following language from a Senate Staff Analysis of the 2008 amendments to Chapter 63: "The bill amends s. 63.063, F.S., adding the word `strict' to clarify that a father must strictly comply with the requirements of ch....

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Child.'s Home Soc'y of Florida v. V.D., 188 So. 3d 920 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 4700, 2016 WL 1178018

about her future and the future of the child); id. § 63.063(2) (finding that “the interests of the state,

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Deonta Howell v. Amy U. Hickman, 275 So. 3d 667 (Fla. Dist. Ct. App. 2019).

Published | District Court of Appeal of Florida

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