Florida Statute 63.162 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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63.162 Hearings and records in adoption proceedings; confidential nature.—

(1) All hearings held in proceedings under this act shall be held in closed court without admittance of any person other than essential officers of the court, the parties, witnesses, counsel, persons who have not consented to the adoption and are required to consent, and representatives of the agencies who are present to perform their official duties.

(2) All papers and records pertaining to the adoption, including the original birth certificate, whether part of the permanent record of the court or a file in the office of an adoption entity are confidential and subject to inspection only upon order of the court; however, the petitioner in any proceeding for adoption under this chapter may, at the option of the petitioner, make public the reasons for a denial of the petition for adoption. The order must specify which portion of the records are subject to inspection, and it may exclude the name and identifying information concerning the parent or adoptee. Papers and records of the department, a court, or any other governmental agency, which papers and records relate to adoptions, are exempt from s. 119.07(1). In the case of an adoption not handled by the department or a child-placing agency licensed by the department, the department must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. In the case of an agency adoption, the licensed child-placing agency must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. This subsection does not prohibit the department from inspecting and copying any official record pertaining to the adoption that is maintained by the department or from inspecting and copying any of the official records maintained by an agency licensed by the department and does not prohibit an agency from inspecting and copying any official record pertaining to the adoption that is maintained by that agency.

(3) The court files, records, and papers in the adoption of a minor shall be indexed only in the name of the petitioner, and the name of the minor shall not be noted on any docket, index, or other record outside the court file, except that closed agency files may be cross-referenced in the original and adoptive names of the minor.

(4)(a) A person may disclose the following from the records without a court order:

1. The name and identity of the birth parent, if the birth parent authorizes in writing the release of his or her name and the adoptee is 18 years of age or older. If the adoptee is younger than 18 years of age, the adoptive parent must also provide written consent to disclose the birth parent’s name;

2. The name and identity of the adoptee, if the adoptee is 18 years of age or older and authorizes in writing the release of his or her name; or, if the adoptee is younger than 18 years of age, written consent to disclose the adoptee’s name is obtained from an adoptive parent; or

3. The name and identity of the adoptive parent, if the adoptive parent authorizes in writing the release of his or her name.

(b) A person may disclose from the records the name and identity of a birth parent, an adoptive parent, or an adoptee upon order of the court for good cause shown. In determining whether good cause exists, the court shall give primary consideration to the best interests of the adoptee, but must also give due consideration to the interests of the adoptive and birth parents. Factors to be considered in determining whether good cause exists include, but are not limited to:

1. The reason the information is sought;

2. The existence of means available to obtain the desired information without disclosing the identity of the birth parents, such as by having the court, a person appointed by the court, the department, or the licensed child-placing agency contact the birth parents and request specific information;

3. The desires, to the extent known, of the adoptee, the adoptive parents, and the birth parents;

4. The age, maturity, judgment, and expressed needs of the adoptee; and

5. The recommendation of the department, licensed child-placing agency, or professional that prepared the preliminary study and home investigation, or the department if no such study was prepared, concerning the advisability of disclosure.

(5) The adoptee or other person seeking information under this subsection shall pay the department or agency making reports or recommendations as required hereunder a reasonable fee for its services and expenses.

(6) Subject to the provisions of subsection (4), identifying information regarding the birth parents, adoptive parents, and adoptee may not be disclosed unless a birth parent, adoptive parent, or adoptee has authorized in writing the release of such information concerning himself or herself. Specific names or identifying information must not be given in a family medical history. All nonidentifying information, including the family medical history and social history of the adoptee and the birth parents, when available, must be furnished to the adoptive parents before the adoption becomes final and to the adoptee, upon the adoptee’s request, after he or she reaches majority. Upon the request of the adoptive parents, all nonidentifying information obtained before or after the adoption has become final must be furnished to the adoptive parents.

(7) The court may, upon petition of an adult adoptee or birth parent, for good cause shown, appoint an intermediary or a licensed child-placing agency to contact a birth parent or adult adoptee, as applicable, who has not registered with the adoption registry pursuant to s. 63.165 and advise both of the availability of the intermediary or agency and that the birth parent or adult adoptee, as applicable, wishes to establish contact.

History.—s. 16, ch. 73-159; s. 10, ch. 75-226; s. 2, ch. 77-140; s. 22, ch. 77-147; s. 2, ch. 77-446; s. 3, ch. 78-190; s. 5, ch. 80-296; s. 4, ch. 82-166; s. 3, ch. 84-101; s. 2, ch. 85-189; s. 2, ch. 87-16; s. 19, ch. 90-360; s. 16, ch. 92-96; s. 341, ch. 95-147; s. 23, ch. 96-406; s. 25, ch. 99-2; s. 27, ch. 2001-3; s. 30, ch. 2003-58; s. 20, ch. 2012-81; s. 1, ch. 2020-42.

F.S. 63.162 on Google Scholar

F.S. 63.162 on CourtListener

Amendments to 63.162

Annotations, Discussions, Cases:

Cases Citing Statute 63.162

Total Results: 41

Barron v. Florida Freedom Newspapers, Inc.

531 So. 2d 113, 15 Media L. Rep. (BNA) 1901, 57 U.S.L.W. 2180, 13 Fla. L. Weekly 497, 1988 Fla. LEXIS 893, 1988 WL 89764

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 544079

Cited 51 times | Published

certain civil proceedings confidential (adoptions, § 63.162, Fla. Stat. (1987); paternity, § 742.031, Fla

State Ex Rel. Gore Newspapers Company v. Tyson

313 So. 2d 777, 79 A.L.R. 3d 382

District Court of Appeal of Florida | Filed: May 16, 1975 | Docket: 1508678

Cited 28 times | Published

inspection except upon order of the court). See Section 63.162, F.S. Unquestionably, where it is necessary

Forsberg v. HOUSING AUTH. OF CITY OF MIAMI B.

455 So. 2d 373, 10 Media L. Rep. (BNA) 2511

Supreme Court of Florida | Filed: Aug 30, 1984 | Docket: 1692728

Cited 27 times | Published

contained in the 1983 Florida statutes. See, e.g. § 63.162 (adoption proceeding records); § 112.533(2) (law

Marston v. Gainesville Sun Pub. Co., Inc.

341 So. 2d 783

District Court of Appeal of Florida | Filed: Dec 21, 1976 | Docket: 1392732

Cited 20 times | Published

Act and the public records Act is illustrated in § 63.162, pertaining to adoption hearings and records,

Miami Herald Publishing Company v. Collazo

329 So. 2d 333, 1 Media L. Rep. (BNA) 2361, 1976 Fla. App. LEXIS 14029

District Court of Appeal of Florida | Filed: Mar 9, 1976 | Docket: 1672896

Cited 17 times | Published

Stat., F.S.A., (certain juvenile proceedings); § 63.162 Fla. Stat., F.S.A., (adoption proceedings); §

Barker v. Barker

909 So. 2d 333, 2005 WL 1553953

District Court of Appeal of Florida | Filed: Jul 6, 2005 | Docket: 1663251

Cited 13 times | Published

the ground that such disclosure would violate section 63.162, Florida Statutes (2004), which provides that

In Re Adoption of HYT

458 So. 2d 1127

Supreme Court of Florida | Filed: Oct 25, 1984 | Docket: 2450042

Cited 13 times | Published

court to close all the proceedings pursuant to section 63.162(1), Florida Statutes (1983). The media protested

STATE, DEPT. OF HEALTH v. Cox

627 So. 2d 1210, 1993 WL 496042

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 2450219

Cited 12 times | Published

proceedings concerning adoptions confidential. § 63.162, Fla. Stat. (1991). This statute does not compel

DCFS v. Natural Parents of JB

736 So. 2d 111, 1999 WL 415191

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1736701

Cited 6 times | Published

certain civil proceedings confidential (adoptions, § 63.162, Fla. Stat. (1987); paternity, § 742.031, Fla

In Re Amendments to Florida Rule of Judicial Administration 2.420

31 So. 3d 756, 35 Fla. L. Weekly Supp. 180, 2010 Fla. LEXIS 405, 2010 WL 958075

Supreme Court of Florida | Filed: Mar 18, 2010 | Docket: 1647513

Cited 5 times | Published

39.0132(3), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account

In Interest of Mlm

528 So. 2d 54, 13 Fla. L. Weekly 1546, 1988 Fla. App. LEXIS 2777, 1988 WL 68076

District Court of Appeal of Florida | Filed: Jul 1, 1988 | Docket: 1717309

Cited 5 times | Published

it considered all of the factors enumerated in § 63.162, Florida Statutes (1987). The court weighed the

Mayer v. State

523 So. 2d 1171, 1988 WL 16862

District Court of Appeal of Florida | Filed: Mar 4, 1988 | Docket: 473116

Cited 5 times | Published

intent, scope and purpose from the provisions of section 63.162(1), Florida Statutes (1983), relating to confidentiality

Mayer v. State

523 So. 2d 1171, 1988 WL 16862

District Court of Appeal of Florida | Filed: Mar 4, 1988 | Docket: 473116

Cited 5 times | Published

intent, scope and purpose from the provisions of section 63.162(1), Florida Statutes (1983), relating to confidentiality

In Re Adoption of MAH

411 So. 2d 1380

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 1327553

Cited 5 times | Published

in the style of this case in accordance with Section 63.162(3), Florida Statutes (1979). [2] The mother

Natural Parents of JB v. FLORIDA DCFS.

780 So. 2d 6, 2001 WL 169664

Supreme Court of Florida | Filed: Feb 22, 2001 | Docket: 1298397

Cited 4 times | Published

closed as a matter of public policy. Adoptions (section 63.162, Florida Statutes (1999)), actions establishing

Dixon v. Melton

515 So. 2d 1309, 1987 WL 1330

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 1467913

Cited 4 times | Published

citing the confidentiality requirement of section 63.162(4) Florida Statutes[1]. Judge Cawthon then

In re Adoption of K.A.G.

152 So. 3d 1271, 2014 Fla. App. LEXIS 20849, 2014 WL 7331269

District Court of Appeal of Florida | Filed: Dec 24, 2014 | Docket: 60244726

Cited 3 times | Published

proceedings are closed to all but the parties.3 See § 63.162, Fla. Stat. (2013). The trial court then heard

Sentinel Communications Co. v. Smith

493 So. 2d 1048, 11 Fla. L. Weekly 1484, 13 Media L. Rep. (BNA) 1775, 1986 Fla. App. LEXIS 8652

District Court of Appeal of Florida | Filed: Jul 3, 1986 | Docket: 1671739

Cited 3 times | Published

(1965). See also Art. I, § 23, Fla. Const. [1] § 63.162(2), Fla. Stat. (1985); § 742.09, Fla. Stat. (1985);

In Re Adoption of Rand

347 So. 2d 450

District Court of Appeal of Florida | Filed: Jun 28, 1977 | Docket: 1687301

Cited 3 times | Published

information contained in such court file pursuant to Section 63.162(2), Florida Statutes (1975). The appellant

In Re Amendments to Florida Rule of Judicial Administration 2.420

68 So. 3d 228, 36 Fla. L. Weekly Supp. 414, 2011 Fla. LEXIS 1573, 2011 WL 2637473

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2357064

Cited 2 times | Published

form is not required.) _____ Adoption records. § 63.162, Fla. Stat. (If the document is filed within a

Investigation: Florida Statute 27.04, Subpoena of Roche v. State

589 So. 2d 978, 19 Media L. Rep. (BNA) 1632, 1991 Fla. App. LEXIS 11274, 1991 WL 231857

District Court of Appeal of Florida | Filed: Nov 13, 1991 | Docket: 1440898

Cited 2 times | Published

the court upheld the constitutionality of section 63.162(1), Florida Statutes (1983), against a challenge

A.D. v. M.D.M.

920 So. 2d 857, 2006 Fla. App. LEXIS 2279, 2006 WL 401316

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64842389

Cited 1 times | Published

such records are protected from disclosure by section 63.162(2), Florida Statutes. In his petition for writ

Atwell v. Sacred Heart Hosp. of Pensacola

520 So. 2d 30, 13 Fla. L. Weekly 90, 1988 Fla. LEXIS 168, 1988 WL 10271

Supreme Court of Florida | Filed: Feb 11, 1988 | Docket: 1300330

Cited 1 times | Published

subject to inspection only upon order of the court. § 63.162(2), Fla. Stat. (1985). Atwell, however, was not

Dept. of Health v. Tallahassee Demo., Inc.

481 So. 2d 958, 11 Fla. L. Weekly 162

District Court of Appeal of Florida | Filed: Jan 7, 1986 | Docket: 548121

Cited 1 times | Published

to § 409.175, Florida Statutes, and ruled that § 63.162(1), Florida Statutes, and Florida Administrative

Margaret Janik v. In re: The Adoption of M.D.J., etc.

District Court of Appeal of Florida | Filed: Aug 14, 2024 | Docket: 68886723

Published

Miami-Dade County Circuit Court, pursuant to section 63.162(4)(b) of the Florida Statutes. The

GUARDIAN AD LITEM, K.F. AND J.F., ADOPTIVE PARENTS OF RA.W. vs DEPARTMENT OF CHILDREN AND FAMILIES, R.W., JR., AND T.W., BIOLOGICAL/FORMER PARENTS, R.W., SR., AND C.W., MATERNAL GRANDPARENTS/ADOPTIVE PARENTS OF R.W., III

District Court of Appeal of Florida | Filed: Oct 18, 2023 | Docket: 66863863

Published

the dependency court records is subject to section 63.162 (pertaining to the confidentiality of adoption

C.G. and C.G. v. R.C.

District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16189564

Published

the records to “the provisions of section 63.162 . . . .” Section 63.162(2), Florida Statutes, states in

In Re Amendments to FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420

156 So. 3d 499, 40 Fla. L. Weekly Supp. 29, 43 Media L. Rep. (BNA) 1199, 2015 Fla. LEXIS 113, 2015 WL 263902

Supreme Court of Florida | Filed: Jan 22, 2015 | Docket: 2626843

Published

0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (in) Social Security, bank account

D.M. v. Elizabeth R. Berkowitz, PA

112 So. 3d 575, 2013 WL 1438253, 2013 Fla. App. LEXIS 5714

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60231167

Published

of the minor and are subject to s. 63.162. Section 63.162(2) provides that the records are confidential

In re Amendments to Florida Rule of Judicial Administration 2.420

124 So. 3d 819, 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543

Supreme Court of Florida | Filed: Mar 28, 2013 | Docket: 60235570

Published

0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account

The News & Observer Publishing Co. v. A.Q.

953 So. 2d 686, 2007 Fla. App. LEXIS 4878, 2007 WL 980752

District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 64850083

Published

remain confidential under the provisions of section 63.162, Florida Statutes. After a hearing on the defendants’

D.J. v. Department of Children & Families

890 So. 2d 370, 2004 Fla. App. LEXIS 19697, 2004 WL 2952859

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 64835275

Published

inspect and copy records from the that case. See § 63.162(2), Fla. Stat. (2003). See also Dep’t. of Health

DEPT. OF HEALTH v. Adoption of Gilli

746 So. 2d 1172, 1999 WL 1082529

District Court of Appeal of Florida | Filed: Dec 3, 1999 | Docket: 1360201

Published

obviously the court referred to throughout section 63.162 of the Florida Statutes. It would be unreasonable

Ago

Florida Attorney General Reports | Filed: Nov 13, 1998 | Docket: 3256798

Published

disclosure except as provided in section 63.162, Florida Statutes.3 Section 63.162, Florida Statutes, which is

Department of Health & Rehabilitative Services v. M.G.

584 So. 2d 600, 1991 Fla. App. LEXIS 7374, 16 Fla. L. Weekly Fed. D 2034

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 64660961

Published

order was entered on a petition pursuant to section 63.162, Florida Statutes (1989). Although the mother

C.E.B. v. Birken

566 So. 2d 907, 1990 Fla. App. LEXIS 6885, 1990 WL 129709

District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 64652949

Published

except that, subject to the provisions of section 63.162, a child and the parents or legal custodians

Atwell v. Sacred Heart Hospital of Pensacola

504 So. 2d 1367, 12 Fla. L. Weekly 933, 1987 Fla. App. LEXIS 7487

District Court of Appeal of Florida | Filed: Apr 6, 1987 | Docket: 64626219

Published

hold the status of an “adoptee” pursuant to section 63.162, Florida Statutes. The count which raised the

Wallace v. Smith

458 So. 2d 1127, 9 Fla. L. Weekly 459, 1984 Fla. LEXIS 3554

Supreme Court of Florida | Filed: Oct 25, 1984 | Docket: 64608156

Published

court to close all the proceedings pursuant to section 63.162(1), Florida Statutes (1983). The media protested

Ago

Florida Attorney General Reports | Filed: Sep 6, 1983 | Docket: 3256583

Published

requirements of s 119.07(1), F.S. (1982 Supp.). Section 63.162(2) and (3), F.S. (1982 Supp.), deals with the

Florida Department of Health & Rehabilitative Services v. Kimmick

390 So. 2d 1218, 1980 Fla. App. LEXIS 18179

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579106

Published

HRS asserts that Florida Statutes (1979), Section 63.162(2) which states in pertinent part “. .. the

In Re Lay

382 So. 2d 814

District Court of Appeal of Florida | Filed: Apr 14, 1980 | Docket: 1516452

Published

Judge. The narrow issue before us is whether § 63.162(4), Florida Statutes (1979), precludes disclosure

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