CopyCited 56 times | Published | Supreme Court of Florida | 1998 WL 804685
...eover, the adoption of the child by Cheryl Von Eiff creates the same "relationship... for all purposes" between the adopted child and the adoptive parent "that would have existed if the adopted [child] were [the adoptive parent's] blood descendant." § 63.172(1)(c), Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...In 1973, however, the legislature changed the law relating to the effect of adoption. See Ch. 73-159, § 17, Laws of Fla. Under the laws in effect at the time of the termination of the trust, an adopted away child did not inherit from his natural kindred. Section 63.172, Florida Statutes (1979), provides in pertinent part: (1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect: ......
...lso entitled to inherit from his adoptive parents. Therefore, we hold that the controlling date for purposes of selecting the applicable law was May 7, 1981, the date upon which the trust terminated and the beneficiaries were determined. Pursuant to section 63.172(1)(b), Florida Statutes (1979), the testator could have insured the inclusion of an adopted away child by making an appropriate reference in the provisions of the trust....
...An adopted child is no longer the "heir" or "descendant" of the natural parent. The adopted child is transformed by legislative fiat to become the heir, issue and descendant of the adopting parent as well as the other members of the adopting family. Id. at 241. Moreover, we find section 63.172, Florida Statutes (1979), is not unconstitutional as applied to the instant case....
...Section 22 was merely intended to protect the validity of prior adoptions effectuated by former lawful procedures. In summary, we hold that the law in effect when the Martell trust terminated controls the ultimate determination of trust beneficiaries. Since section 63.172, Florida Statutes (1979), was the law in effect when the testamentary trust terminated, Brice Robert Bishop was not entitled to a share in the trust assets which were to be distributed to his natural grandfather, Arthur J....
...(2) If a parent of a child dies without the relationship of parent and child having been previously terminated and a spouse of the living parent thereafter adopts the child, the child's right of inheritance from or through the deceased parent is unaffected by the adoption. This statute with slight variation appears as section 63.172, Florida Statutes (1979)....
CopyCited 14 times | Published | Florida 5th District Court of Appeal
...[3] §
744.391 Fla. Stat. (1979). [4] § 62.062(2)(a) Fla. Stat. (1979). [5] §
63.092(2) Fla. Stat. (1979). [6] §
732.103 Fla. Stat. (1979) (inheritance) and §
61.13(2)(b) Fla. Stat. (1979) (visitation rights of grandparents in dissolution proceedings). [7] §
63.172 Fla....
...Appellants technically should have filed a new proceeding attaching the final judgment rather than a motion under Rule 1.540(b). However, this court will treat this proceeding as though it had been property filed, to avoid further delay and promote the best interests of the child. [1] § 63.172, Florida Statutes (1977)....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 11 A.L.R. 4th 927
...nt's family ... Section
732.608, Florida Statutes (1979), provides: Adopted persons ... are included in class gift[s] terminology and terms of relationship, in accordance with rules for determining relationships for purposes of intestate succession. Section
63.172, Florida Statutes (1979), provides: (1) A judgment of adoption ......
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1995 WL 627459
...On December 7, 1993, a final judgment of adoption was entered, which established Serena as the sole adoptive parent and terminated Cosmides' parental rights and obligations to Michael, relieving him of any responsibility of support on Michael's behalf under the previous order. § 63.172, Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...A collateral consequence of a sentence of imprisonment or the illness of alcoholism is simply not the permanent forfeiture of one's child. Reversed. NOTES [1] Nancy Collins adopted the child in 1967. That act in effect made her the natural parent of the child, Section 63.172(1)(c), Florida Statutes (1977), and a further adoption required her consent or, in this case, proof that she abandoned the child. Cf. Vreeland v. Vreeland, 296 S.W.2d 55 (Mo. 1956); In re Macrae, 189 N.Y. 142, 81 N.E. 956 (1907). [2] Section 63.172(1), Florida Statutes (1977), sets forth the legal effects of a judgment of adoption....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2002 WL 1585834
...he court can properly reform the trust when reformation was not sought. *445 As the trial court found, the term "per stirpes" is unambiguous, and when applied to the facts of this case, has the legal effect of excluding the adopted out children. See § 63.172, Fla....
...Instruction of Dade County,
106 So.2d 550, 558 (Fla.1958) (quoting Degge v. First State Bank of Eustis,
145 Fla. 438,
199 So. 564, 565 (1941)). Finding no error in the other issues raised by the parties, the final judgment of the trial court is affirmed. AFFIRMED. COBB and PALMER, JJ., concur. NOTES [1] Section
63.172, Florida Statutes provides: (1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect: (a) It relieves the birth parents of the adopted person, except a birth p...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1999 WL 550673
...Thus, the Lonons' asserted rights to visitation arise solely from the unconstitutional provision of section 752.01(1)(b). [3] The adoption provides yet another basis to deny the Lonons' visitation request. As the circuit court found, under the adoption statutes the Lonons are statutory strangers to the child. See § 63.172(1)(b), Fla. Stat. (1997). But they contend that section 752.07, Florida Statutes (1997), [4] abrogates the absolute terms of section 63.172 by providing for survival of grandparents' rights to visitation when a *653 stepparent adopts a child....
...t did conclude that the stepparent adoption in that case created the same relation between the adopted child and the adoptive parent that would have existed if the child were the adoptive parent's blood descendant. Von Eiff,
720 So.2d at 516 (citing §
63.172(1)(c), Fla. Stat. (1993)). The court noted that the remarriage and adoption had created a new family. In the face of this discussion, we refuse to read section 752.07 as a limitation on section
63.172(1)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1998 WL 210570
...O.A.H. refused to consent. Thus, the adoption petition could only succeed if the court found that O.A.H. abandoned the child. See § 63.072(1), Fla. Stat. (1993). [2] A final judgment of adoption terminates a non-consenting parent's parental rights. See § 63.172(1)(a), Fla....
...her. A judgment of adoption "relieves the birth parent[] of the adopted person ... of all parental rights and responsibilities," and "terminates all legal relationships between the adopted person and his relatives, including his birth parent[] ...." § 63.172(1)(a) and (b), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2001 WL 505254
...for neglect and abandonment, and he was therefore a *575 legal stranger. GP/Mother is not yet a legal stranger, but a successful conclusion of this adoption proceeding will result in her becoming a legal stranger without an opportunity to be heard. Section 63.172(1)(b), Florida Statutes (1999) states that a judgment of adoption terminates all legal relationships between the adopted person and the adopted person's relatives, including the birth parents....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1997 WL 574644
...deceased natural mother. This, of course, is wholly at odds with the longstanding law and sound policy of this state that adopted parents be accorded the same legal rights and constitutional protections in parenting decisions as natural parents. See § 63.172(1)(c), Fla....
...l parent and child and that relationship is entitled to the same legal protection."). The legal ramification of Kelly's adoption by her stepmother is that for all legal purposes and proceedings, Kelly is no longer the child of a deceased parent. See § 63.172(1)(b) (1996) (adoption "terminates all legal relationships between the adopted person and the adopted person's relatives,......
...1279, 1301-2 (1995). [10] As an alternative argument, the dissent contends that section 752.01(1)(a) is inapplicable because Kelly is now adopted. Dissent at 780. We agree that an adoptive parent generally stands in the same shoes as a natural parent. See § 63.172(1)(c), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 10078, 2002 WL 1614058
...Counsel informed them once the children were adopted by another family, they would no longer have any cognizable legal rights as to the grandchildren, and any future relationship with the children would be at the sole discretion of *530 the adoptive parents. See § 63.172, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 261
...The tragedy of this case is that pursuant to the provisions of the adoption statute, Chapter 63, after Hope's adoption becomes final, the legal effect is to completely sever and destroy Hope's family relationship with her maternal grandparents. In this context, section 63.172(1)(b), Florida Statutes (1983) terminates all legal relationships between the adopted person and his former relatives for all purposes, including inheritance....
...That is poignantly illustrated in this case. The Rameys' only fault has been that they too loved this child, they desired her custody, and as long as they could, they sought to preserve their grandparent relationship with her. AFFIRMED. ORFINGER and UPCHURCH, JJ., concur. NOTES [1] Section 63.172(1)(b) provides that adoption "......
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2285
...But this order was orally vacated by the trial court on October 5, 1984, which order was reduced to writing on November 16, 1984. In this order, the court concluded that the grandparents "lost standing to petition the court for grandparent visitation pursuant to Florida Statutes Chapter 63.172" and that the order granting the visitation rights was therefore voidable....
...Rather, the grandparents filed a new motion for visitation on October 5, 1984. This second motion, heard by a different trial judge, was dismissed and it is from this dismissal that the grandparents appeal. The appellees have neither made an appearance in this case nor provided us with briefs. We reverse. Section 63.172, Florida Statutes (1985), provides that "a judgment of adoption ......
...ng visitation rights] was void from its inception." The grandparents properly filed a new motion for visitation to assert their rights established by chapter 752, Florida Statutes, rather than appeal the prior order denying them visitation. Although section 63.172(1)(b) is written in absolute terms, we perceive an ambiguity in that statute regarding whether it applies to the status of grandparents where one of the natural parents retains custody of the child....
...The paternal grandparents' petition for adoption was granted and the maternal grandparents appealed. The Fifth District noted in that case that a tragic effect of the adoption would be to sever the child's relationship with her maternal grandparents by operation of section 63.172 and the failure of section 752.01(2) to provide for grandparental visitation rights where the child is adopted by one other than a stepparent. The court noted further that section 63.172 is "[s]omewhat ambiguous regarding maintaining the status of grandparents through a natural parent in the context of stepparent adoptions... ." Ramey at 748 n. 1. Section 63.172 seeks to assure that the severance of family ties by adoption be complete so as to protect the "new family union which the law has created." Jones v....
...The enactment of chapter 752 was meant to remedy, in part, the failure of chapter 63 to adequately protect the familial bonds between grandparents, whether related by blood to the natural parent or not, and their grandchildren in the context of stepparent adoptions. [2] Chapter 752 abrogates the absolute terms of section 63.172 by providing for the survival of a grandparent's rights to visitation where the stepparent adopts the minor child....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1999 WL 743565
...In re Adoption of Kohorst, 75 Ohio App.3d 813, 600 N.E.2d 843, 848-49 (1992). By statute, a judgment of adoption "creates the relationship between the adopted person and the petitioner ... that would have existed if the adopted person were a blood descendant of the petitioner born within wedlock." § 63.172(1)(c), Fla.Stat....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1995 WL 581377
...In this case of first impression in Florida, we are asked to determine if the adoption of a minor child serves to relieve a natural parent's obligation to pay child support arrearages that accrued before the date of adoption. We hold that the debtor parent is not excused from those payments, and that section 63.172, Florida Statutes, (1991) only relieves that parent from the obligation to make future support payments once the child has been adopted....
...risdiction and procedures for the determination of paternity for children born out of wedlock." §
742.10, Fla. Stat. (1991). The child in this case was born to married parents who then divorced. Instead, Chapter 63, dealing with adoptions, governs. Section
63.172 provides: (1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect: (a) It relieves the birth parents of the adopted person, except a birth parent who is a pet...
...ether executed before or after entry of the adoption judgment, that do not expressly include the adopted person by name or by some designation not based on a parent and child or blood relationship. (emphasis added). By using the term "thereafter" in section 63.172(1)(b), the legislature intended that a judgment of adoption would apply prospectively to terminate legal relationships, obligations, and responsibilities between the person adopted and the former parent. See, e.g., Bercaw v. Bercaw, 45 Ohio St.3d 160, 543 N.E.2d 1197 (1989). In Bercaw, the Supreme Court of Ohio, in construing Ohio's adoption statute, which is substantially similar to section 63.172, Florida Statutes, held that a decree of adoption does not divest a parent of the obligation to pay support arrearages that accrue prior to the entry of the decree....
...The court held that the Ohio legislature's choice of the term "thereafter" indicated that "adoption would have prospective application in terminating any legal relationship between the adopted person and the former parent." Id. Likewise, the term "thereafter" in section 63.172(1)(b), Florida Statutes, indicates that a judgment of adoption prospectively terminates legal relationships....
...The support obligation does not cease; rather it remains unfulfilled." Gibson v. Bennett,
561 So.2d 565, 572 (Fla. 1990) (holding that a judgment for child support arrearages is enforceable by contempt proceedings even after child has reached age of majority). That same public policy mandates the conclusion that although section
63.172 ends a parent's future financial responsibility to his or her child, the obligation to pay child support arrearages survives the subsequent adoption....
...shall be maintained from the resources of the responsible parents, ... thereby relieving, at least in part, the burden borne by the custodial parent or the general citizenry through public assistance programs." § 88.012, Fla. Stat. (1993). We hold, therefore, that section 63.172, Florida Statutes, does not discharge child support arrearages that accrued prior to the decree of adoption....
...ade through the Central Depository, any payments that are due and unpaid are delinquent, and following proper notice to the obligor, become a final judgment by operation of law. These payments are thus far more than "responsibilities" referred to in section 63.172; they are unpaid judgments.
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 6636
stranger without an opportunity to be heard. Section
63.172(l)(b), Florida Statutes (1999) states that
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 1879, 2009 WL 151096
...Society's interests in prohibiting incest include the prevention of pregnancies which may involve a high risk of abnormal or defective offspring." In Hendry v. State,
571 So.2d 94 (Fla. 2d DCA 1990), the only Florida case addressing incest and adoption, the court held that the adoption statute, section
63.172, cannot erase the biological fact of lineal consanguinity and, therefore, a man can be convicted of incest for having sex with his biological daughter even though the daughter had been adopted by a third party prior to the intercourse....
...[2] The State's reliance on the Connecticut Supreme Court's decision in State v. George B., 258 Conn. 779, 785 A.2d 573 (2001), is misplaced. The State urges that the court's holding in George B. that incest encompasses adopted as well as blood relatives is persuasive because the Connecticut adoption statute is similar to section 63.172, Florida Statutes, which provides in relevant part: (1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect: ....
...This relationship shall be created for all purposes, including applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly exclude an adopted person from their operation or effect. § 63.172(1)(c), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...connection with this petition. Second, the trial court had no authority, in any event, to grant visitation rights to the natural mother in this adoption proceeding, as plainly the natural mother by statute lost all parental right to the child under Section 63.172, Florida Statutes (1981), including visitation rights, when the adoption became final....
...The order under review is reversed and the cause is remanded to the trial court with directions to vacate the order of child visitation entered herein. ON REHEARING The appellee, natural mother, has filed a motion for rehearing in which she attacks the constitutionality of Sections
63.172,
63.182, Florida Statutes (1981), as applied to the facts of this case....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 15177
the rights of a parent that she now seeks. See §
63.172(1)(c), Fla. Stat. (2014).3 In order to prevent
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1987 WL 1330
...7. Prior to the entry of the May 26 order, a petition for adoption of Michelle was filed in the First Judicial Circuit in and for Okaloosa County. It is undisputed that neither petitioner in the adoption proceedings was married to Ms. Dixon. Compare § 63.172(2), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...before or after entry of the adoption judgment, that do not expressly include the adopted person by name or by some designation not based on a parent and child or blood relationship." (Emphasis supplied) This statute with slight variation appears as Section 63.172, Florida Statutes (1977)....
...Chapter 73-159 contains a savings clause that provides as follows: "Any adoption made before the effective date of this act shall be valid, and any proceedings pending on the effective date of this act are not affected." This provision is now §
63.222, Florida Statutes (1978). The able trial judge considered Section
63.172 above referred to as having retroactive application to the trust instrument now under consideration, and the court then concluded that George William Burch was not a "living child" of George W....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 763762
...d the interpretation or construction of documents, statutes, and instruments... that do not expressly include the adopted person by name or by some designation not based on a parent and child or blood relationship. Crocker,
661 So.2d at 1244 (citing §
63.172, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1987 WL 4135
...il 1985, when the adoption became final, appellant never petitioned the court to be awarded visitation rights as to her granddaughter. Because of this omission on her part, appellant no longer has any legal relation to her granddaughter by virtue of § 63.172 Fla. Stat. which provides that a judgment of adoption terminates all legal relationships between the adopted person and his former relatives. In the chilling words of § 63.172(1)(b), appellant's granddaughter is now "a stranger to [her] former relatives for all purposes ..." Despite this drastic result, Chapter 752 affords no opportunity to the grandparents, by way of notification, to timely secure their rights of visitation....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 314472
...eard to have the court consider continued communication and contact with their sibling after the adoption becomes final. It is clear that a final order of adoption severs all legal relationships between the adopted child and her blood relatives. See § 63.172(1)(b), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1988 WL 128267
...inor's parents has been dissolved. Edward's parents, appellant James and Lutitia Fossen, were divorced in 1984. Before the visitation petition was ruled on, the petition for adoption was granted with regard to the adult, appellant James. Pursuant to Section 63.172(1)(b), Florida Statutes (1987), a judgment of adoption "terminates all legal relationships between the adopted person and his relatives ......
...custodial parent, may petition for visitation pursuant to Section 752.01. Appellant also argues that his adoption as an adult, which adoption "terminates all legal relationships between [appellant] and his relatives, including his natural parents," Section 63.172(1)(b), Florida Statutes (1987), terminates his child's relationship with those relatives as well so that the child's natural grandparent would not thereafter be entitled to seek visitation under Section 752.01....
...ry of the judgment of adoption does not operate to sever the relationship of those children with their natural relatives. The right of adoption was unknown to the common law and is a purely statutory proceeding. 25 Fla.Jur.2d Family Law Section 140. Section 63.172(1) seeks to assure that the severance of family ties by adoption be complete so as to protect the "new family union which the law has created." Beard v....
...We also note that any children of an adopted adult born after the judgment of adoption is entered would have no relationship with its natural grandparents, in that a new lineal descendancy was created by the adoption of that parent before their birth, Section 63.172(1)(c)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1990 WL 202691
...ach other or had had sexual intercourse with each other. It has been stipulated that defendant Trina Hendry had been adopted by a third party prior to her marriage to defendant Jimmy Clemont Hendry. We recognize that the adoption statute includes in section 63.172(1)(b) the provision that adoption "terminates all legal relationships between the adopted person and his relatives, including his natural parents ......
..."It of course is impossible to nullify by legislative declaration the fact that the biological parents continue to be blood relatives of the child; the link of consanguinity cannot be erased by enactment." Bohall v. State, 546 N.E.2d 1214, 1215 (Ind. 1989). Further more, we agree with the trial court that by the passage of section 63.172 the legislature did not intend the absurd result of altering the above referenced biological fact....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 47174
...The trial judge also denied the grandparents legal visitation, apparently *320 under the belief that he had no authority to do so in this case. As we are returning this cause to the trial court for redetermination of the adopting parent, we vacate the visitation order with the following observations. Pursuant to section 63.172(1)(b), Florida Statutes (1987) [4] all legal relationships between an adopted person and his relatives including his natural parents terminates upon a judgment of adoption becoming final....
...3d DCA 1984); Jones v. Allen,
277 So.2d 599 (Fla. 1st DCA 1973); Lee v. Kepler,
197 So.2d 570 (Fla. 3d DCA 1967). Thus without some legislative exemption, a grandparent has no legal right of visitation when the child is adopted. Such exemptions are granted by section
63.172(2), Florida Statutes (1987), effective May 14, 1987 [5] and section 752.07, Florida Statutes (1987). Section
63.172(2) provides that grandparental rights delineated under Chapter 752, Florida Statutes do not terminate, unless the trial court orders otherwise, upon adoption by a close relative....
...s would have no visitation rights. However, if the Dixons are held to be the adopting parents, it will be necessary to determine the relationship of Ardella Dixon to the child to ascertain whether or not she is a close relative within the meaning of section 63.172(2), Florida Statutes (1987) so as to permit grandparent visitation....
...nts have been obtained and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered." See also In Re Adoption of H.Y.T.,
458 So.2d 1127 (Fla. 1984); Section
63.022(2)( l ), Fla. Stat. (1987). [4]
63.172 Effect of judgment of adoption....
...tion of documents, statutes, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly include the adopted person by name or by some designation not based on a parent and child or blood relationship. [5] 63.172 (2) If a parent of a child dies without the relationship of parent and child having been previously terminated and a spouse of the living parent thereafter adopts the child, of if both parents of a child die and a close relative of the child a...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 4633, 2009 WL 1311599
...Embry's same-sex relationship with Ms. Ryan is irrelevant for the purpose of enforcing her rights and obligations as an adoptive parent. NOTES [1] During oral argument, counsel for Ryan conceded that the trial court was required to recognize the Washington judgment. [2] Section 63.172(1)(c), Florida Statutes (2007), also provides that an adoption judgment, whether entered by a court of this state or another state, has the effect of creating a relationship between the adopted child and the petitioner that would have...
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...on rights." Prior to any ruling on this petition, Pacha filed his petition for prohibition against the trial court, joining the intervenors (the Gjelhaugs) and the appellants (the Byrneses) as respondent parties. The petitioner's argument is simple: Section 63.172(b), Florida Statutes (1978) provides, in part, that the legal fact of a judgment of adoption "terminates all legal relationships between the adopted person (Alisa Gjelhaug Pacha) and his relatives ......
...The respondent circuit judge contends that, since the circuit court of Seminole County is vested with jurisdiction over child custody matters, it is his province to make the initial determination concerning the interplay between Sections 68.08 and 63.172(b), Florida Statutes, and if his determination should be erroneous, then petitioner's remedy is appeal, not prohibition....
...The respondents Gjelhaug argue that insofar as the two statutes are irreconcilable, that the last expression of the legislative will prevails, citing Askew v. Schuster,
331 So.2d 297 (Fla. 1976). Since Section 68.08, Florida Statutes, was enacted subsequent to the quoted language of Section
63.172(b), Florida Statutes, the later enactment pertaining to grandparent visitation privilege should supersede the earlier adoption statute....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 69
...The child is not related to appellee Max Jordan who is the husband of Linda Denise but not the father of the child. Actually, the child is not legally related to Linda Denise Jordan either because the adoption by appellant relieved Linda Denise Jordan of any legal rights regarding the child. § 63.172(1)(b), Fla....
...However, due to the serious effect of such an order and because it departs from the essential requirements of law we shall decide this issue as if it were brought to us by petition for writ of certiorari. Combs v. State,
436 So.2d 93 (Fla. 1983); Fla.R.App.P. 9.040(c). Section
63.172(1)(b) "terminates all legal relationships between the adopted person and [her] former relatives for all purposes, including [her] natural parents ......
CopyCited 1 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1161, 1987 Fla. App. LEXIS 8081
recognized in both the Florida Adoption Act (F.S. §
63.172(2)) and the Florida Probate Code (F.S. §
732.108(l)(b))
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 386881
...It is unclear how the Department could have done what the judge wanted. Given the record in this case, it at least explains what otherwise might be inexplicable. NOTES [1] We agree with the Department that such a provision would not be legally enforceable. See section 63.172 (adoption terminates all legal relationship between the adopted person and the adopted person's relatives, including the birth parents, even if nonconsenting, and creates a relationship between the adopted person and the petitioner tha...
CopyCited 1 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 90, 1988 Fla. LEXIS 168, 1988 WL 10271
...This is not an invasion of the right of privacy as contemplated by article I, section 23 of the Florida Constitution. There is also a sound policy reason for our holding. When a person is adopted, he becomes the lineal descendant of his adoptive parents, and he may no longer inherit from his natural parents. § 63.172, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1988 WL 138509
...here is a remarriage of one of the natural parents of the child for whom visitation rights have been established by a grandparent, "any subsequent adoption by the stepparent will not terminate any grandparental rights." (emphasis added). Thus, while section 63.172(1)(b) provides that an adopted person is a stranger to former natural relatives, Chapter 752 provides an exception to this otherwise strict provision....
CopyPublished | Florida 2nd District Court of Appeal | 2015 WL 5947198
...visitation. But see
O'Dell,
629 So. 2d at 891. But regardless of her marital status, Pasik still could have
made the decision to adopt the children, a decision that would have arguably
guaranteed her the rights of a parent that she now seeks. See §
63.172(1)(c), Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16151
appears in the will. The second statute was Section
63.172, Florida Statutes (1979), which provides in
CopyPublished | District Court of Appeal of Florida
would sever the father’s parental rights under section
63.172(1), Florida Statutes (2016). The cited subsection
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 3682
the adopted child and her blood relatives. See §
63.172(l)(b), Fla. Stat. (1999). On the other hand, section
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 7233
relationship. Crocker, 661 So.2d at 1244 (citing §
63.172, Fla. Stat. (1993)) (emphasis added). As such
CopyPublished | District Court of Appeal of Florida
examination of several intersecting sources of law. Section
63.172, Florida Statutes (2021), entitled “Effect
CopyPublished | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 871
a non-consenting parent’s parental rights. See §
63.172(l)(a), Fla. Stat. (1993). O.A.H. requested appointed
