CopyCited 33 times | Published | Supreme Court of Florida | 1989 WL 36465
...Finally, respondents argue that Florida's intermediary adoption procedure denies due process and equal protection rights because it does not give adequate notice to natural parents and does not permit them to withdraw consent, absent a showing of fraud or duress. On the issue of notice, section 63.122(4)(c) requires that notice be given to any person whose consent to the adoption is required unless that person has consented to the adoption. Respondents argue that notice should also be given to any person regardless of whether they have consented. We note, first, that under section 63.122(4)(d) any person who is seeking to withdraw consent is entitled to notice of the adoption hearing and, further, there is no question here that both natural parents appeared and fully contested the adoption procedure....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...y by the nine months consumed by the Department of Health and Rehabilitative Services in completing the social study of appellant and appellees ordered by the trial judge on his own motion. We recognize that such a study is mandated or authorized by § 63.122(5) (to be filed within 90 days) but that study is pertinent only to the determination whether, assuming all necessary consents have been obtained, the adoption is in the best interests of the person to be adopted....
CopyCited 14 times | Published | Florida 5th District Court of Appeal
...[8] REVERSED AND REMANDED for proceedings consistent with this opinion. DAUKSCH, C.J., concurs. UPCHURCH, J., concurs specially with opinion. UPCHURCH, Judge, specially concurring: While I concur in all respects with Judge Sharp's opinion, this case illustrates a serious problem with our adoption statute. Section 63.122(4), Florida Statute (1977), requires notice of adoption be given only to: 4....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...§
63.062(2)(a), Fla. Stat. Second, the statutory requirement of notice has not been followed, because the Crows, having been required to seek the Berhows' consent to the petition to adopt Dawn, were required to give the Berhows notice of the petition to adopt. §
63.122(4)(c), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 314472
...It is the child to be adopted over whom the court has direct jurisdiction, not the siblings of the child. I note that while the statute creates this interest of continuing contact among siblings, the adoption laws do not identify siblings as being entitled to notice of the adoption. See § 63.122(4), Fla....
CopyCited 1 times | Published | District Court, N.D. Florida | 55 U.S.L.W. 2511, 1986 U.S. Dist. LEXIS 16013
...the child be placed in the prospective adoptive home prior to the completion of the preliminary study unless ordered by the court. Fla.Stat. §
63.092(2). Further home studies, or investigations into the suitability of the adoption, are discussed in Section
63.122. These studies must also be considered separate from the actual placement, since one of their purposes is to evaluate the placement: The report of the investigation shall contain an evaluation of the placement.... Fla.Stat. §
63.122(7)....
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 11345, 1992 WL 317557
...s may file an adoption petition. See §
63.112, Fla. Stat. Upon entry of the preliminary order, the intermediary ceases to be the child's guardian, the adoptive parents are the child's guardian, and the intermediary assumes a supervisory role. See §§
63.122(1),
63.052(1), Fla....
...A final home investigation as detailed by section
63.125(1), Florida Statutes, must be conducted before the adoption becomes final. However, the final adoption hearing must not be held sooner than 90 days after the child is preliminarily placed in the adoptive *1264 parents' custody. See §
63.122, Fla....
...nt as defined by the Florida Legislature, nor was there any allegation that the prospective parents were no longer suitable. See Chapters 39, 415, Fla. Stat. (1991). The intermediary's conduct clearly exceeded her supervisory role as contemplated by section 63.122(1), Florida Statutes and infringed upon the adoptive parents' rights as the child's guardian....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21430
...se disqualified her to be formal custodian during these protracted proceedings. Finally, we are aware that the Department was not directed to supervise the *26 child, before the adoptive order was entered, in the care of the adoptive parents. Though section 63.122(1) would appear to require that supervision, the Department’s Rule IOC-12.31, Fla.Admin.Code, construes the statute as not requiring it when the custodian is a relative within the third degree, except by court order....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
entry of a judgment of adoption. Pursuant to section
63.122(1), Florida Statutes, a hearing on a petition
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 3682
being entitled to notice of the adoption. See §
63.122(4), Fla. Stat. (1999) (notice of hearing on adoption
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19029
approved persons were willing to adopt him. Section
63.122(4), Florida Statutes (1979), requires notice
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 13950
...lees. The principal assaults made on the order of adoption are that (1) the written consents of the child’s mother and father do not meet the requirements of Section 63.-082(2) Florida Statutes; (2) no notice was given to the father as required by Section 63.122 Florida Statutes; and (3) that the order of adoption entered by the trial court was contrary to the weight of the evidence....
CopyPublished | Florida 3rd District Court of Appeal
...ns of notification. Notice is a fundamental prerequisite to any adoption proceeding. Fielding v. Highsmith,
152 Fla. 837,
13 So.2d 208 (1943); Grissom v. Dade County,
293 So.2d 59 (Fla. 1974); In re Adoption of Shaw,
198 So.2d 87 (Fla. 3d DCA 1967); Section
63.122(2), Florida Statutes (1977)....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18973
...Section
63.207(1) is designed to prevent sending a child to another state for adoption in that state; it does not prohibit nonresidents from adopting a child in Florida. Prior to an adoption, the department must conduct an investigation to determine the suitability of the adoptive home. §
63.122, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19748
and/or Clarification is denied. *1149Pursuant to Section
63.122, Florida Statutes, HRS is charged with the
CopyPublished | Supreme Court of Florida | 14 Fla. L. Weekly 201, 1989 Fla. LEXIS 327
...Finally, respondents argue that Florida’s intermediary adoption procedure denies due process and equal protection rights because it does not give adequate notice to natural parents and does not permit them to withdraw consent, absent a showing of fraud or duress. On the issue of notice, section 63.122(4)(c) requires that notice be given to any person whose consent to the adoption is required unless that person has consented to the adoption. Respondents argue that notice should also be given to any person regardless of whether they have consented. We note, first, that under section 63.122(4)(d) any person who is seeking to withdraw consent is entitled to notice of the adoption hearing and, further, there is no question here that both natural parents appeared and fully contested the adoption procedure....
