Florida Statute 63.212 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.212

63.212 Prohibited acts; penalties for violation.—

(1) It is unlawful for any person:

(a) To place or attempt to place a minor for adoption with a person who primarily lives and works outside this state unless all of the requirements of the Interstate Compact for the Placement of Children, when applicable, have been met.

(b) Except an adoption entity, to place or attempt to place within the state a minor for adoption unless the minor is placed with a relative or with a stepparent. This prohibition, however, does not apply to a person who is placing or attempting to place a minor for the purpose of adoption with the adoption entity.

(c) To sell or surrender, or to arrange for the sale or surrender of, a child to another person for money or anything of value or to receive such child for such payment or thing of value. If a child is being adopted by a relative or by a stepparent, or is being adopted through an adoption entity, this paragraph does not prohibit the person who is contemplating adopting the child from paying, under ss. 63.097 and 63.132, the actual prenatal care and living expenses of the mother of the child to be adopted, or from paying, under ss. 63.097 and 63.132, the actual living and medical expenses of such mother for a reasonable time, not to exceed 6 weeks after the birth of the child.

(d) Having the rights and duties of a parent with respect to the care and custody of a minor to assign or transfer such parental rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties.

(e) To assist in the commission of any act prohibited in paragraphs (a)-(d). In the case of a stepparent adoption, this paragraph does not preclude the forgiveness of vested child support arrearages owed by a parent.

(f) Except an adoption entity, to charge or accept any fee or compensation of any nature from anyone for making a referral in connection with an adoption.

(g) Except an adoption entity, to place an advertisement or offer to the public, in any way, by any medium whatever that a minor is available for adoption or that a minor is sought for adoption; and, further, it is unlawful for any person purchasing advertising space or purchasing broadcast time to advertise adoption services to fail to include in any publication or fail to include in the broadcast for such advertisement the Florida license number of the adoption entity or The Florida Bar number of the attorney placing the advertisement. This prohibition applies, but is not limited, to a paid advertisement, an article, a notice, or any other paid communication published in any newspaper or magazine, or on the Internet, on a billboard, over radio or television, or other similar media.

1. Only a person who is an attorney licensed to practice law in this state or an adoption entity licensed under the laws of this state may place an advertisement in this state that:

a. A child is offered or wanted for adoption; or

b. The person is able to place, locate, or receive a child for adoption.

2. A person who publishes a telephone directory, newspaper, magazine, billboard, or any other written advertisement that is distributed in this state must include a statement that only attorneys licensed to practice law in this state and adoption entities licensed under the laws of this state may legally provide adoption services under state law.

3. A person who places an advertisement must include the following information:

a. For an attorney licensed to practice law in this state, the person’s Florida Bar number.

b. For a child-placing agency licensed under the laws of this state, the number on the person’s adoption entity license.

(h) To contract for the purchase, sale, or transfer of custody or parental rights in connection with any child, in connection with any fetus yet unborn, or in connection with any fetus identified in any way but not yet conceived, in return for any valuable consideration. Any such contract is void and unenforceable as against the public policy of this state. However, fees, costs, and other incidental payments made in accordance with statutory provisions for adoption, foster care, and child welfare are permitted, and a person may agree to pay expenses in connection with a preplanned adoption agreement as specified in s. 63.213, but the payment of such expenses may not be conditioned upon the transfer of parental rights. Each petition for adoption which is filed in connection with a preplanned adoption agreement must clearly identify the adoption as a preplanned adoption arrangement and must include a copy of the preplanned adoption agreement for review by the court.

(2) Any person who is a birth mother, or a woman who holds herself out to be a birth mother, who is interested in making an adoption plan and who knowingly or intentionally benefits from the payment of adoption-related expenses in connection with that adoption plan commits adoption deception if:

(a) The person knows or should have known that the person is not pregnant at the time the sums were requested or received;

(b) The person accepts living expenses assistance from a prospective adoptive parent or adoption entity without disclosing that she is receiving living expenses assistance from another prospective adoptive parent or adoption entity at the same time in an effort to adopt the same child; or

(c) The person knowingly makes false representations to induce the payment of living expenses and does not intend to make an adoptive placement.

Any person who willfully commits adoption deception commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if the sums received by the birth mother or woman holding herself out to be a birth mother do not exceed $300, and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the sums received by the birth mother or woman holding herself out to be a birth mother exceed $300. In addition, the person is liable for damages caused by such acts or omissions, including reasonable attorney fees and costs incurred by the adoption entity or the prospective adoptive parent. Damages may be awarded through restitution in any related criminal prosecution or by filing a separate civil action.

(3) This section does not prohibit an adoption entity from charging fees permitted under this chapter and reasonably commensurate to the services provided.

(4) It is unlawful for any adoption entity to fail to report to the court, within a reasonable time period, the intended placement of a minor for purposes of adoption with any person not a stepparent or a relative, if the adoption entity participates in such intended placement.

(5) It is unlawful for any adoption entity to charge any fee except those fees permitted under s. 63.097 and approved under s. 63.102.

(6) It is unlawful for any adoption entity to counsel a birth mother to leave the state for the purpose of giving birth to a child outside the state in order to secure a fee in excess of that permitted under s. 63.097 when it is the intention that the child be placed for adoption outside the state.

(7) It is unlawful for any adoption entity to obtain a preliminary home study or final home investigation and fail to disclose the existence of the study or investigation to the court when required by law to do so.

(8) Unless otherwise indicated, a person who willfully and with criminal intent violates any provision of this section, excluding paragraph (1)(g), commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who willfully and with criminal intent violates paragraph (1)(g) commits a misdemeanor of the second degree, punishable as provided in s. 775.083; and each day of continuing violation shall be considered a separate offense.

History.—s. 21, ch. 73-159; s. 13, ch. 75-226; s. 25, ch. 77-147; s. 1, ch. 77-174; s. 9, ch. 78-190; s. 6, ch. 80-296; s. 5, ch. 84-101; s. 8, ch. 87-224; s. 10, ch. 87-397; s. 1, ch. 88-143; s. 3, ch. 90-55; s. 23, ch. 90-306; s. 22, ch. 92-96; s. 13, ch. 97-101; s. 31, ch. 2001-3; s. 35, ch. 2003-58; s. 22, ch. 2008-151; s. 23, ch. 2012-81; s. 20, ch. 2014-224; s. 12, ch. 2020-2; s. 5, ch. 2023-257; s. 13, ch. 2024-177.

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Amendments to 63.212

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 63.212

Level: Degree
Misdemeanor/Felony: First/Second/Third

S63.212 1a - FAMILY OFFENSE - PLACE MINOR FOR ADOPTION OUTSIDE THE STATE - F: T

S63.212 1a - FAMILY OFFENSE - REMOVED - F: T

S63.212 1b - FAMILY OFFENSE - NONENTITY PLACE MINOR FOR ADOPTION WI STATE - F: T

S63.212 1c - FAMILY OFFENSE - SELL OR SURRENDER MINOR FOR MONEY OR PROPERTY - F: T

S63.212 1d - FAMILY OFFENSE - SELL OR ASSIGN PARENTAL RIGHTS OF MINOR - F: T

S63.212 1e - FAMILY OFFENSE - ASSIST IN ILLEGAL ADOPTION PRACTICES - F: T

S63.212 1f - BRIBERY - CHARGE OR ACCEPT FEE FOR ADOPTION REFERRAL - F: T

S63.212 1g - PUBLIC ORDER CRIMES - NONENTITY ADVERTISE MINOR FOR ADOPTION - M: S

S63.212 1g - PUBLIC ORDER CRIMES - ADV MINOR FOR ADOP FAIL INCL FL LIC OR BAR NUM - M: S

S63.212 1g - FAMILY OFFENSE - ASSIST WITH PLACING AD OR LISTING FOR ADOPTION - M: S

S63.212 1h - FAMILY OFFENSE - CONTRACT PURCH SELL CHILD FETUS FOR CONSID - F: T

S63.212 2 - FAMILY OFFENSE - ADOPTION DECEPTION 300 DOLLARS OR LESS - M: S

S63.212 2 - FAMILY OFFENSE - ADOPTION DECEPTION MORE THAN 300 DOLLARS - F: T

S63.212 2a - FAMILY OFFENSE - PROVIDE FALSE WITHHOLD ADOPTION INFORMATION - M: S

S63.212 2b - FAMILY OFFENSE - FAIL TO DISCLOS PREGNANCY BENEFITS RE ADOPTION - M: S

S63.212 2c - FAMILY OFFENSE - REPEALED 2008-151 - M: S

S63.212 4 - FAMILY OFFENSE - ENTITY FAIL TO REPORT PLACEMENT OF MINOR - F: T

S63.212 5 - FAMILY OFFENSE - UNLAWFUL ADOPTION PLACEMENT FEES - F: T

S63.212 6 - FAMILY OFFENSE - COUNSEL MOTHER TO LEAVE ST GIVE BIRTH FOR FEE - F: T

S63.212 7 - FAMILY OFFENSE - FAIL TO DISCLOSE HOME STUDY/INVESTIGATION - F: T

S63.212 8 - FAMILY OFFENSE - PROHIB ADOPTION ACT VIOL NOT INCLUDE ADVERT - F: T

S63.212 8 - PUBLIC ORDER CRIMES - VIOL PROHIB ADOPT ACT ADVERT MINOR - M: S

Cases Citing Statute 63.212

Total Results: 14

In Re Adoption of Baby EAW

658 So. 2d 961, 1995 WL 424169

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 439113

Cited 83 times | Published

the child is born, to change their minds. See § 63.212(1)(i)2.a., Fla. Stat. (1993). In other words,

In Re Adoption of a Minor Child

593 So. 2d 185, 16 Fla. L. Weekly Supp. 771, 1991 Fla. LEXIS 2126, 1991 WL 259752

Supreme Court of Florida | Filed: Dec 12, 1991 | Docket: 1508912

Cited 18 times | Published

information by intermediaries handling an adoption); id. § 63.212(3) (making it unlawful for an intermediary to

Peregood v. Cosmides

663 So. 2d 665, 1995 WL 627459

District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 1313758

Cited 13 times | Published

Michael's minority), smacks of a violation of section 63.212(1)(i) and may be void under Florida law. Specifically

Js v. Sa

912 So. 2d 650, 2005 WL 2292311

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 1755682

Cited 7 times | Published

permitted to waive these statutory requirements. Section 63.212(1)(b), Florida Statutes (2004), provides that

Roe v. Butterworth

958 F. Supp. 1569, 1997 WL 144966

District Court, S.D. Florida | Filed: Mar 10, 1997 | Docket: 1494699

Cited 4 times | Published

being declared unconstitutional. See Fla.Stat. § 63.212 (1995) (prohibiting sale of child). [11] Petitioner

Trushin v. State

475 So. 2d 1290, 10 Fla. L. Weekly 2154

District Court of Appeal of Florida | Filed: Sep 17, 1985 | Docket: 1302075

Cited 3 times | Published

unlawful placement for adoption pursuant to section 63.212(1)(a), (d), Florida Statutes (1979). The facts

J.S. v. S.A.

912 So. 2d 650, 2005 Fla. App. LEXIS 14744

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840646

Cited 1 times | Published

permitted to waive these statutory requirements. Section 63.212(l)(b), Florida Statutes (2004), provides that

STATE OF FLA., DEPT. OF HRS v. Friends of Children

653 F. Supp. 1221, 55 U.S.L.W. 2511, 1986 U.S. Dist. LEXIS 16013

District Court, N.D. Florida | Filed: Dec 24, 1986 | Docket: 2246431

Cited 1 times | Published

support of this argument, HRS relies on Fla.Stat. § 63.212(1)(g) which provides: It is unlawful for any person:

Roe v. Butterworth

958 F. Supp. 1569, 1997 U.S. Dist. LEXIS 3717

District Court, S.D. Florida | Filed: Mar 10, 1997 | Docket: 66011920

Published

being declared unconstitutional. See Fla.Stat. § 63.212 (1995) (prohibiting sale of child), . Petitioner

G.W.B. v. J.S.W.

658 So. 2d 961, 20 Fla. L. Weekly Supp. 376, 1995 Fla. LEXIS 1167

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 64758093

Published

after the child is bom, to change their minds. See § 63.212(l)(i)2.a., Fla.Stat. (1993). In other words, even

Brod v. Matter of an Adoption

522 So. 2d 973, 1988 WL 24162

District Court of Appeal of Florida | Filed: Mar 23, 1988 | Docket: 1191990

Published

"[a]ny fee, including those costs as set out in § 63.212(1)(d), over $500 paid to an intermediary other

Department of Health & Rehabilitative Services v. National Adoption Counseling Service, Inc.

498 So. 2d 888, 11 Fla. L. Weekly 617, 1986 Fla. LEXIS 2860

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 64623634

Published

interpretation there is express and direct conflict.* Section 63.212(1), Florida Statutes (Supp. 1984), provides

National Adoption Counseling Service, Inc. v. State, Department of Health & Rehabilitative Services

480 So. 2d 250, 11 Fla. L. Weekly 94, 1985 Fla. App. LEXIS 6030

District Court of Appeal of Florida | Filed: Dec 31, 1985 | Docket: 64616275

Published

operate an unlawful referral service pursuant to section 63.212(l)(g), Florida Statutes (1984). In Count I

Ago

Florida Attorney General Reports | Filed: Jul 31, 1984 | Docket: 3256517

Published

unlawful by paragraph (b) of subsection (1) of section 63.212, added to subsection (1) by Ch. 84-101, Laws