Florida Statute 63.064 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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63.064 Persons whose consent to an adoption may be waived.—The court may waive the consent of the following individuals to an adoption:

(1) A parent who has deserted a child without 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.

(3) A parent who has been judicially declared incompetent and for whom restoration of competency is medically improbable.

(4) A legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably.

(5) The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is excused by reason of prolonged and unexplained absence, unavailability, incapacity, or circumstances that are found by the court to constitute unreasonable withholding of consent.

History.—s. 14, ch. 2003-58.

F.S. 63.064 on Google Scholar

F.S. 63.064 on CourtListener

Amendments to 63.064

Annotations, Discussions, Cases:

Cases Citing Statute 63.064

Total Results: 9 | Sort by: Relevance | Newest First

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By v. Dep't of Child. & Families, 887 So. 2d 1253 (Fla. 2004).

Cited 38 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 659, 2004 Fla. LEXIS 1990, 2004 WL 2534335

...ren's best interests. [3] One provision, for example, allows the trial court to waive the consent of any non-parental legal guardian or custodian who, after receiving notice, "is found by the court to be withholding his or her consent unreasonably." § 63.064(4), Fla. Stat. (2003). An analogous provision allows the consent of the adopted person's spouse to be waived if it is being unreasonably withheld. Id. § 63.064(5)....

...Parental consent may be waived only if (1) the parent has deserted or abandoned the child; or (2) parental rights have been terminated by a court; or (3) the parent has been judicially declared incompetent and is medically unlikely to regain competence. § 63.064(1)-(3), Fla....

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Amendments to Approved Fam. Law Forms, 20 So. 3d 173 (Fla. 2009).

Cited 3 times | Published | Supreme Court of Florida

...What should I do next? For your case to proceed, you must have the written consent of the other birth parent and the child, if applicable. 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....

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JCJ v. Heart of Adoptions, Inc., 989 So. 2d 32 (Fla. 2d DCA 2008).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2596365

...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....

...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." Abandonment waives the biological father's right to oppose adoption. See § 63.064(1)....

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In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 173 So. 3d 19 (Fla. 2015).

Cited 1 times | Published | Supreme Court of Florida

situations where consent may not be required, see section 63.064, Florida Statutes. If you are attempting to

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In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 59 So. 3d 792 (Fla. 2010).

Cited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227

situations where consent may not be required, see section 63.064, Florida Statutes. If you are attempting to

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In Re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 205 So. 3d 1 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607

...For your case to proceed, you must have the written consent of the other birth parent and the child, if applicable. 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....

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In Re: Amendments to the Florida Supreme Court Approved Fam. Law Forms, 173 So. 3d 19 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

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Amendments to Florida Supreme Court Approved Fam. Law Forms—Stepparent Adoption Forms, 870 So. 2d 791 (Fla. 2004).

Published | Supreme Court of Florida | 2004 WL 583720

consent may not be required, see section 63.064, Florida Statutes. Section 63.064, Florida Statutes, requires

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In Re Amend. to the Fla. Fam. Law Forms, 59 So. 3d 792 (Fla. 2010).

Published | Supreme Court of Florida

...What should I do next? For your case to proceed, you must have the written consent of the other birth parent and the child, if applicable. 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....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.