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Florida Statute 63.132 - Full Text and Legal Analysis
Florida Statute 63.132 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
63.132 Affidavit of expenses and receipts.
(1) Before the hearing on the petition for adoption, the prospective adoptive parents and any adoption entity must file an affidavit under this section.
(a) The affidavit must be signed by the adoption entity and the prospective adoptive parents. A copy of the affidavit must be provided to the adoptive parents at the time the affidavit is executed.
(b) The affidavit must itemize all disbursements and receipts of anything of value, including professional and legal fees, made or agreed to be made by or on behalf of the prospective adoptive parents and any adoption entity in connection with the adoption or in connection with any prior proceeding to terminate parental rights which involved the child who is the subject of the petition for adoption. The affidavit must also include, for each hourly legal or counseling fee itemized, the service provided for which the hourly fee is being charged, the date the service was provided, the time required to provide the service if the service was charged by the hour, the person or entity that provided the service, and the hourly fee charged.
(c) The affidavit must show any expenses or receipts incurred in connection with:
1. The birth of the child.
2. The placement of the child with the petitioner.
3. The medical or hospital care received by the mother or by the child during the mother’s prenatal care and confinement.
4. The living expenses of the birth mother. The living expenses must be itemized in detail to apprise the court of the exact expenses incurred.
5. The services relating to the adoption or to the placement of the child for adoption that were received by or on behalf of the petitioner, the adoption entity, either parent, the child, or any other person.

The affidavit must state whether any of these expenses were paid for by collateral sources, including, but not limited to, health insurance, Medicaid, Medicare, or public assistance.

(2) The court may require such additional information as is deemed necessary.
(3) The court must issue a separate order approving or disapproving the fees, costs, and expenses itemized in the affidavit. The court may approve only fees, costs, and expenditures allowed under s. 63.097. An order approving fees, costs, and expenses that exceed the limits set forth in s. 63.097 must include a written determination of reasonableness. The court may reject in whole or in part any fee, cost, or expenditure listed if the court finds that the expense is any of the following:
(a) Contrary to this chapter.
(b) Not supported by a receipt, if the expense is not a fee of the adoption entity.
(c) Not a reasonable fee or expense, considering the requirements of this chapter and the totality of the circumstances.
(4) This section does not apply to an adoption by a stepparent or an adoption of a relative or adult, the finalization of an adoption of a minor if the parental rights were terminated under chapter 39, or the domestication of an adoption decree of a minor child adopted in a foreign country.
History.s. 13, ch. 73-159; s. 21, ch. 77-147; s. 15, ch. 92-96; s. 8, ch. 2000-151; s. 25, ch. 2001-3; s. 26, ch. 2003-58; s. 18, ch. 2008-151; s. 4, ch. 2023-257; s. 12, ch. 2024-177.

F.S. 63.132 on Google Scholar

F.S. 63.132 on CourtListener

Amendments to 63.132


Annotations, Discussions, Cases:

Cases Citing Statute 63.132

Total Results: 2  |  Sort by: Relevance  |  Newest First

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In Re Adoption of a Minor Child, 570 So. 2d 340 (Fla. 4th DCA 1990).

Cited 2 times | Published | Florida 4th District Court of Appeal | 1990 WL 149748

...s where an attorney is operating as an independent placing agent. Furthermore, we note that in this case notice was given to the Department. In addition, the attorney for the sister filed an affidavit of expenses as is required by an intermediary in section 63.132, Florida Statutes (1987)....
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Brod v. Matter of an Adoption, 522 So. 2d 973 (Fla. 2d DCA 1988).

Published | Florida 2nd District Court of Appeal | 1988 WL 24162

...The child was born and was placed with the adoptive parents with the consent of *975 HRS. Appellant filed a petition for adoption for the parents. Appellant prepared an affidavit for himself and for the parents, containing a full accounting of all receipts and disbursements, in accordance with section 63.132, Florida Statutes (1985)....
...until after the child is born. Therefore, prior to the birth of the child, there exists no proceeding where an intermediary can obtain "prior court approval" of the expectant mother's living expenses. Another hiatus is thereby created. Furthermore, section 63.132, entitled, "Report of expenditures and receipts," provides: (1) Before the time set for the hearing, the petitioner and any intermediary shall each file two copies of an affidavit containing a full accounting of all disbursements and r...
..., or any other person. (2) The court may require such additional information as is deemed necessary. (3) This section does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child. *978 Thus, it appears that section 63.132 contemplates adoptive parents and an intermediary, at least at times, reaching an agreement as to and/or paying professional fees....
...It would seem proper that the court in an adoption proceeding should use the same standard as to reasonableness and justification for approval of those fees as is applied in other fee-awarding proceedings. One of the elements to consider is the amount of the fee agreed to by the parties. This is contemplated by section 63.132(1)....

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.