Florida Senate - 2008 (Reformatted) SB 1084
By Senator Rich
34-02500B-08 20081084__
1
A bill to be entitled
2
An act relating to the termination of parental rights;
3
amending s. 39.812, F.S.; requiring a petition for
4
adoption to be accompanied by a statement verifying that
5
adoptive parents have received all information required to
6
be disclosed; amending s. 49.011, F.S.; providing for
7
service of process by publication for termination of
8
parental rights under ch. 63, F.S.; amending s. 63.032,
9
F.S.; redefining terms; amending s. 63.039, F.S.;
10
requiring an adoption entity to provide adoption
11
disclosure statements to persons whose consent is required
12
for adoption; requiring attorney's fees and costs in
13
certain actions to be awarded pursuant to the Florida
14
Rules of Civil Procedures; amending s. 63.0425, F.S.;
15
clarifying a grandparent's right to notice; amending s.
16
63.054, F.S.; providing that an unmarried biological
17
father who fails to register with the Florida Putative
18
Father Registry before the filing of a petition for
19
termination of parental rights may not file a paternity
20
claim under ch. 742, F.S.; providing an exception from the
21
time limitations for filing a paternity claim; providing
22
that if a registrant fails to report a change of address,
23
the adoption entity or adoption petitioner is not
24
obligated to search further for the registrant; requiring
25
a petitioner in a proceeding in which parental rights are
26
terminated simultaneously with entry of final judgment of
27
adoption to contact the Office of Vital Statistics for a
28
search of the registry; providing procedures for searching
29
the registry when termination of parental rights and an
30
adoption proceeding are adjudicated separately; amending
31
s. 63.062, F.S.; revising criteria for serving notice of
32
terminating parental rights to the father of a minor;
33
revising procedures for serving notice of intended
34
adoption plan; providing criteria for avoiding default on
35
providing consent to adoption; providing for the proper
36
venue to file a petition to terminate parental rights;
37
amending s. 63.063, F.S.; revising the standard for
38
compliance with laws relating to adoption; amending s.
39
63.082, F.S.; revising the notice and consent requirements
40
to adoption to also exclude cases involving sexual
41
activity with certain minors; revising consent
42
requirements that apply to men; limiting the time period
43
for revoking consent to adopt a child older than 6 months
44
of age to 3 business days; revising requirements for
45
withdrawing a consent for adoption; amending s. 63.085,
46
F.S.; revising requirements for required disclosures by an
47
adoption entity; requiring that background information
48
concerning the child be revealed to prospective adoptive
49
parents; amending s. 63.087, F.S.; revising procedures for
50
terminating parental rights pending an adoption; providing
51
the proper venue in which to file a petition to terminate
52
parental rights; providing for joint petitions for
53
termination of parental rights and adoption; providing
54
that failure to appear at certain hearings constitutes
55
grounds for termination of parental rights; removing a
56
provision relating to the procedure for notifying a
57
petitioner of a final hearing; amending s. 63.088, F.S.;
58
providing that a mother's failure to identify an unmarried
59
biological father is not a defense to a termination of
60
parental rights; revising information relating to a
61
court's inquiry about the father of the child who is to be
62
adopted; requiring persons contacted by a petitioner or
63
adoption entity to release certain information; providing
64
that a judgment approving a diligent search is not subject
65
to direct or collateral attack; amending s. 63.089, F.S.;
66
revising provisions relating to service of notice and
67
petition regarding termination of parental rights and
68
consent to adoption; revising conditions for making a
69
finding of abandonment; prohibiting a person who failed to
70
establish parental rights from challenging a judgment
71
terminating parental rights under certain circumstances;
72
amending s. 63.092, F.S.; revising the conditions and
73
timeframe for an adoption entity to report to the court
74
the intent to place a minor for adoption; amending s.
75
63.102, F.S.; revising procedures for the filing of a
76
petition for adoption; providing the proper venue where
77
the petition may be filed; amending s. 63.122, F.S.;
78
revising whose name may be removed from a petition under
79
certain circumstances; amending s. 63.132, F.S.; providing
80
additional exceptions to the requirement that the adoptive
81
parent and the adoption entity file an affidavit itemizing
82
all expenses and receipts; amending s. 63.135, F.S.;
83
requiring the adoption entity or petitioner to file an
84
affidavit under the Uniform Child Custody Jurisdiction and
85
Enforcement Act in a termination of parental rights
86
proceeding; deleting information required to be submitted
87
under oath to the court; amending s. 63.142, F.S.;
88
requiring that if an adoption petition is dismissed, any
89
further proceedings regarding the minor be brought in a
90
separate custody action under ch. 61, F.S., a dependency
91
action under ch. 39, F.S., or a paternity action under ch.
92
742, F.S.; revising conditions under which a judgment
93
terminating parental rights is voidable; amending s.
94
63.192, F.S.; requiring the courts of this state to
95
recognize decrees of termination of parental rights and
96
adoptions from other states and countries; amending s.
97
63.212, F.S.; revising acts that are unlawful pertaining
98
to adoptions; creating s. 63.236, F.S.; providing that a
99
petition for termination of parental rights filed before
100
the effective date of the act is governed by the law in
101
effect at the time the petition was filed; amending s.
102
742.021, F.S.; requiring the clerk of court to issue
103
certain notice in cases of complaints concerning
104
determination of paternity; amending s. 742.10, F.S.;
105
providing applicability of chs. 39 and 63, F.S., to
106
jurisdiction and procedures for determination of paternity
107
for children born out of wedlock; providing an effective
108
date.
109
110
Be It Enacted by the Legislature of the State of Florida:
111
112
Section 1. Subsection (5) of section 39.812, Florida
113
Statutes, is amended to read:
114
39.812 Postdisposition relief; petition for adoption.--
115
(5) The petition for adoption must be filed in the division
116
of the circuit court which entered the judgment terminating
117
parental rights, unless a motion for change of venue is granted
118
pursuant to s. 47.122. A copy of the consent executed by the
119
department as required under s. 63.062(7) must be attached to the
120
petition, unless waived pursuant to s. 63.062(7) the court
121
determines that such consent is being unreasonably withheld and
122
provided that the petitioner has filed with the court a favorable
123
preliminary adoptive home study performed by a licensed child-
124
placing agency, a child-caring agency registered under s.
125
409.176, or a licensed professional or agency described in s.
126
61.20(2). The petition must be accompanied by a statement, signed
127
by the prospective adoptive parents, acknowledging receipt of all
128
information required to be disclosed under s. 63.085 and a form
129
provided by the department which details the social and medical
130
history of the child and each parent and includes the social
131
security number and date of birth for each parent, if such
132
information is available or readily obtainable. The prospective
133
adoptive parents person seeking to adopt the child may not file a
134
petition for adoption until the judgment terminating parental
135
rights becomes final. An adoption proceeding under this
136
subsection is governed by chapter 63, as limited under s. 63.037.
137
Section 2. Subsection (13) of section 49.011, Florida
138
Statutes, is amended to read:
139
49.011 Service of process by publication; cases in which
140
allowed.--Service of process by publication may be made in any
141
court on any party identified in s. 49.021 in any action or
142
proceeding:
143
(13) For termination of parental rights pursuant to part IX
144
of chapter 39 or chapter 63.
145
Section 3. Subsections (4) through (20) of section 63.032,
146
Florida Statutes, are amended to read:
147
63.032 Definitions.--As used in this chapter, the term:
148
(4) "Adoption plan" means an arrangement made by a birth
149
parent or other individual having a legal right to custody of a
150
minor, born or to be born, with an adoption entity in furtherance
151
of placing the minor for adoption.
152
(5)(4) "Adult" means a person who is not a minor.
153
(6)(5) "Agency" means any child-placing agency licensed by
154
the department pursuant to s. 63.202 to place minors for
155
adoption.
156
(7)(6) "Child" means a minor son or daughter, whether by
157
birth or adoption.
158
(8)(7) "Court" means a any circuit court of this state and,
159
if when the context requires, the court of any state that is
160
empowered to grant petitions for adoption.
161
(9)(8) "Department" means the Department of Children and
162
Family Services.
163
(10)(9) "Intermediary" means an attorney who is licensed or
164
authorized to practice in this state and who is placing or
165
intends to place a child for adoption, including placing children
166
born in another state with citizens of this state or country or
167
placing children born in this state with citizens of another
168
state or country.
169
(11)(10) "Legal custody" has the meaning ascribed in s.
170
171
(11) "Minor" means a person under the age of 18 years.
172
(12) "Parent" means a woman who gives birth to a child or a
173
man whose consent to the adoption of the child would be required
174
under s. 63.062(1). If a child has been legally adopted, the term
175
"parent" means the adoptive mother or father of the child. The
176
term does not include an individual whose parental relationship
177
to the child has been legally terminated or an alleged or
178
prospective parent has the same meaning ascribed in s. 39.01.
179
(13) "Person" includes a natural person, corporation,
180
government or governmental subdivision or agency, business trust,
181
estate, trust, partnership, or association, and any other legal
182
entity.
183
(14) "Relative" means a person related by blood to the
184
person being adopted within the third degree of consanguinity.
185
(15) "To place" means the process of a parent or legal
186
guardian surrendering a child for adoption and the prospective
187
adoptive parents receiving and adopting the child, and includes
188
all actions by any person or adoption entity participating in the
189
process.
190
(14)(16) "Placement" means the process of a parent or legal
191
guardian surrendering a child for adoption and the prospective
192
adoptive parents receiving and adopting the child and all actions
193
by any adoption entity participating in placing the child.
194
(15)(17) "Primarily lives and works outside Florida" means
195
that a person who lives and works outside this state at least 6
196
months and 1 day per of the year, is a member of the military
197
personnel who designates a state other than designate Florida as
198
his or her their place of residence in accordance with the
199
Servicemembers' Civil Relief Act, Pub. L. No. 108-189, or is a
200
citizen employees of the United States Department of State living
201
in a foreign country who designates designate a state other than
202
Florida as his or her their place of residence.
203
(16) "Relative" means a person related by blood to the
204
person being adopted within the third degree of consanguinity.
205
(17)(18) "Suitability of the intended placement" means
206
includes the fitness of the intended placement, with primary
207
consideration being given to the best interest of the child.
208
(18) "To place" means the process whereby a parent or legal
209
guardian surrenders a child for adoption and the prospective
210
adoptive parents receive and adopt the child, and includes all
211
actions by any person or adoption entity participating in the
212
process.
213
(19) "Unmarried biological father" means the child's
214
biological father who is not married to the child's mother at the
215
time of conception or birth of the child and who, before the
216
filing of a petition to terminate parental rights, has not been
217
adjudicated declared by a court of competent jurisdiction to be
218
the legal father of the child or has not executed an affidavit
219
pursuant to s. 382.013(2)(c).
220
(20) "Adoption plan" means arrangements made by a birth
221
parent or other individual having a legal right to custody of a
222
minor child, born or to be born, with an adoption entity in
223
furtherance of the placement of the minor for adoption.
224
Section 4. Paragraph (i) of subsection (1) of section
225
63.039, Florida Statutes, is amended, paragraph (j) is added to
226
that subsection, and subsection (3) of that section is amended,
227
to read:
228
63.039 Duty of adoption entity to prospective adoptive
229
parents; sanctions.--
230
(1) An adoption entity placing a minor for adoption has an
231
affirmative duty to follow the requirements of this chapter and
232
specifically the following provisions, which protect and promote
233
the well-being of persons being adopted and their parents and
234
prospective adoptive parents by promoting certainty, finality,
235
and permanency for such persons. The adoption entity must:
236
(i) Obtain the written waiver of venue required under s.
237
63.062, if applicable in cases in which venue for the termination
238
of parental rights will be located in a county other than the
239
county where a parent whose rights are to be terminated resides.
240
(j) Provide an adoption disclosure statement, as required
241
under s. 63.085(1), to all persons whose consent is required
242
under s. 63.062(1).
243
(3) The prevailing party in an action to set aside a
244
judgment terminating parental rights pending adoption or a
245
judgment of adoption may be awarded reasonable attorney's fees
246
and costs pursuant to Rule 1.540(b)(3), Florida Rules of Civil
247
Procedure. An award under this subsection must be paid by the
248
adoption entity or by the any applicable insurance carrier on
249
behalf of the adoption entity if the court finds that the acts or
250
omissions of the entity were the basis for the court's order
251
granting relief to the prevailing party.
252
Section 5. Section 63.0425, Florida Statutes, is amended to
253
read:
254
63.0425 Grandparent's right to notice adopt.--
255
(1) If When a child has lived with a grandparent for at
256
least 6 months within the 24-month period immediately preceding
257
the filing of a petition for termination of parental rights
258
pending adoption, the adoption entity shall provide notice to
259
that grandparent of the hearing on the petition for termination
260
of parental rights pending adoption.
261
(2) This section does shall not apply if the placement for
262
adoption is the a result of the death of the child's parent and a
263
different preference is stated in the parent's will.
264
(3) This section does shall not apply in stepparent
265
adoptions.
266
(4) Nothing in This section does not shall contravene the
267
provisions of s. 63.142(4).
268
Section 6. Subsections (1), (6), and (7) of section 63.054,
269
Florida Statutes, are amended to read:
270
63.054 Actions required by an unmarried biological father
271
to establish parental rights; Florida Putative Father Registry.--
272
(1) In order to preserve the right to notice and consent to
273
an adoption under this chapter, an unmarried biological father
274
must, as the "registrant," file a notarized claim of paternity
275
form with the Florida Putative Father Registry maintained by the
276
Office of Vital Statistics of the Department of Health which
277
includes and shall include therein confirmation of his
278
willingness and intent to support the child for whom paternity is
279
claimed in accordance with state law. The claim of paternity may
280
be filed at any time before prior to the child's birth, but a
281
claim of paternity may not be filed after the date a petition is
282
filed for termination of parental rights. In each proceeding for
283
termination of parental rights, the petitioner must shall submit
284
to the Office of Vital Statistics of the Department of Health a
285
copy of the petition for termination of parental rights. The
286
Office of Vital Statistics may of the Department of Health shall
287
not record a claim of paternity after the date that a petition
288
for termination of parental rights is filed. The failure of an
289
unmarried biological father to file a claim of paternity with the
290
Registry before the date a petition for termination of parental
291
rights is filed also bars him from filing a paternity claim under
292
chapter 742.
293
(a) An unmarried biological father is excepted from the
294
time limitations for filing a claim of paternity with the
295
registry or for filing a paternity claim under chapter 742 if:
296
1. The mother identifies him to the adoption entity as a
297
potential biological father by the date she executes a consent
298
for adoption; and
299
2. He is served with a notice of intended adoption plan
300
pursuant to s. 63.062(3) and the 30-day mandatory response date
301
is later than the date the petition for termination of parental
302
rights is filed with the court.
303
(b) If an unmarried biological father falls within the
304
exception provided by paragraph (a), the petitioner shall also
305
submit to the Office of Vital Statistics a copy of the notice of
306
intended adoption plan and proof of service of the notice on the
307
potential biological father.
308
(c) An unmarried biological father who falls within the
309
exception provided by paragraph (a), may not file a claim of
310
paternity with the registry or a paternity claim under chapter
311
742 after the 30-day mandatory response date to the notice of
312
intended adoption plan has expired. The Office of Vital
313
Statistics may not record a claim of paternity 30 days after
314
service of the notice of intended adoption plan.
315
(6) It is the obligation of the registrant or, if
316
designated under subsection (4), his designated agent or
317
representative to notify and update the Office of Vital
318
Statistics of any change of address or change in the designation
319
of an agent or representative. The failure of a registrant, or
320
designated agent or representative, to report any such change is
321
at the registrant's own risk and may shall not serve as a valid
322
defense based upon lack of notice, and the adoption entity or
323
petitioner has no further obligation to search for the registrant
324
unless the person petitioning for termination of parental rights
325
or adoption has actual or constructive notice of the registrant's
326
address and whereabouts from another source.
327
(7) In each proceeding for termination of parental rights
328
or each adoption proceeding in which parental rights are being
329
terminated simultaneously with entry of the final judgment of
330
adoption, as in a stepparent and relative adoption filed under
331
this chapter, the petitioner must contact the Office of Vital
332
Statistics of the Department of Health by submitting an
333
application for a search of the Florida Putative Father Registry.
334
The petitioner must shall provide the same information, if known,
335
on the search application form that which the registrant
336
furnished is required to furnish under subsection (3).
337
Thereafter, the Office of Vital Statistics shall must issue a
338
certificate signed by the State Registrar certifying:
339
(a) The identity and contact information, if any, for each
340
registered unmarried biological father whose information matches
341
the search request sufficiently so that such person may be
342
considered a possible father of the subject child; or
343
(b) That a diligent search has been made of the registry of
344
registrants who may be the unmarried biological father of the
345
subject child and that no matching registration has been located
346
in the registry.
347
348
The This certificate must be filed with the court in the
349
proceeding to terminate parental rights or the adoption
350
proceeding. If a termination of parental rights and an adoption
351
proceeding are being adjudicated separately simultaneously, the
352
Florida Putative Father Registry need only be searched for the
353
termination of parental rights proceeding once.
354
Section 7. Paragraph (b) of subsection (1) and subsections
355
(3), (7), and (9) of section 63.062, Florida Statutes, are
356
amended to read:
357
63.062 Persons required to consent to adoption; affidavit
358
of nonpaternity; waiver of venue.--
359
(1) Unless supported by one or more of the grounds
360
enumerated under s. 63.089(3), a petition to terminate parental
361
rights pending adoption may be granted only if written consent
362
has been executed as provided in s. 63.082 after the birth of the
363
minor or notice has been served under s. 63.088 to:
364
(b) The father of the minor, if:
365
1. The minor was conceived or born while the father was
366
married to the mother;
367
2. The minor is his child by adoption;
368
3. The minor has been adjudicated established by the court
369
proceeding to be his child by the date a petition is filed for
370
termination of parental rights;
371
4. He has filed an affidavit of paternity pursuant to s.
372
382.013(2)(c) by the date a petition is filed for termination of
373
parental rights; or
374
5. In the case of an unmarried biological father, he has
375
acknowledged in writing, signed in the presence of a competent
376
witness, that he is the father of the minor, has filed such
377
acknowledgment with the Office of Vital Statistics of the
378
Department of Health within the required timeframes, and has
379
complied with the requirements of subsection (2).
380
(3)(a) Pursuant to chapter 48, an adoption entity may serve
381
a notice of intended adoption plan upon any known and locatable
382
unmarried biological father who is identified to the adoption
383
entity by the mother by the date she signs her consent for
384
adoption or who is identified by a diligent search of the Florida
385
Putative Father Registry, or upon an entity whose consent is
386
required. The notice may be served, a notice of intended adoption
387
plan at any time before the child's birth or before placing prior
388
to the placement of the child in the adoptive home, including
389
prior to the birth of the child. The recipient of the notice may
390
waive service of process by executing a waiver and acknowledging
391
receipt of the plan. The notice of intended adoption plan must
392
specifically state that if the unmarried biological father
393
desires to contest the adoption plan, he must, within 30 days
394
after service, file with the court, within 30 days after service,
395
a verified response that contains a pledge of commitment to the
396
child in substantial compliance with subparagraph (2)(b)2. and
397
The notice of intended adoption plan shall notify the unmarried
398
biological father that he must file a claim of paternity form
399
with the Office of Vital Statistics, within 30 days after service
400
upon him and must provide the adoption entity with a copy of the
401
verified response filed with the court and the claim of paternity
402
form filed with the Office of Vital Statistics. The notice must
403
also include instructions for submitting a claim of paternity
404
form to the Office of Vital Statistics and the address to which
405
the claim must be sent. If the party served with the notice of
406
intended adoption plan is an entity whose consent is required,
407
the notice must specifically state that the entity must file,
408
within 30 days after service, a verified response setting forth a
409
legal basis for contesting the intended adoption plan,
410
specifically addressing the best interest of the child.
411
(a) If the unmarried biological father or entity whose
412
consent is required fails to timely and properly file a verified
413
response with the court and, in the case of an unmarried
414
biological father, a claim of paternity form with the Office of
415
Vital Statistics within 30 days after service upon that unmarried
416
biological father or entity whose consent is required, the court
417
shall enter a default against any unmarried biological father or
418
entity and the consent of that unmarried biological father or
419
entity shall no longer be required under this chapter and that
420
party shall be deemed to have waived any claim of rights to the
421
child. To avoid a default, within 30 days after receipt of
422
service of the notice of intended adoption plan:
423
1. The unmarried biological father must:
424
a. File a claim of paternity with the Florida Putative
425
Father Registry maintained by the Office of Vital Statistics;
426
b. File a verified response with the court which contains a
427
pledge of commitment to the child in substantial compliance with
428
subparagraph (2)(b)2.; and
429
c. Provide support for the birth mother and child.
430
2. The entity whose consent is required must file a
431
verified response setting forth a legal basis for contesting the
432
intended adoption plan, specifically addressing the best interest
433
of the child. Each notice of intended adoption plan served upon
434
an unmarried biological father must include instructions as to
435
the procedure the unmarried biological father must follow to
436
submit a claim of paternity form to the Office of Vital
437
Statistics and the address to which the registration must be
438
directed.
439
(b) If the birth mother identifies a man who she believes
440
is the unmarried biological father of her child, the adoption
441
entity may provide a notice of intended adoption plan pursuant to
442
paragraph (a). If the mother identifies a potential unmarried
443
biological father whose location is unknown, the adoption entity
444
shall conduct a diligent search pursuant to s. 63.088. If, upon
445
completion of a diligent search, the potential unmarried
446
biological father's location remains unknown and a search of the
447
Florida Putative Father Registry fails to reveal a match, the
448
adoption entity shall request in the petition for termination of
449
parental rights pending adoption that the court declare the
450
diligent search to be in compliance with s. 63.088, and to
451
further declare that the adoption entity has shall have no
452
further obligation to provide notice to the potential unmarried
453
biological father, and that the potential unmarried biological
454
father's consent to the adoption is shall not be required.
455
(7) If parental rights to the minor have previously been
456
terminated, the adoption entity with which the minor has been
457
placed for subsequent adoption may provide consent to the
458
adoption. In such case, no other consent is required. The consent
459
of the department shall be waived upon a determination by the
460
court that such consent is being unreasonably withheld and if,
461
provided that the petitioner has filed with the court a favorable
462
preliminary adoptive home study as required under s. 63.092
463
performed by a licensed child-placing agency, a child-caring
464
agency registered under s. 409.176, or a licensed professional or
465
agency described in s. 61.20(2).
466
(9) A petition for termination of parental rights must
467
shall be filed in the appropriate county as determined under s.
468
63.087(2). If a the parent or parents whose consent is required
469
objects rights are to be terminated object to venue in the county
470
where the action was filed, the court may transfer venue to a
471
proper venue consistent with this chapter and chapter 47 the
472
action to the county where the objecting parent or parents
473
reside, unless the objecting parent has previously executed a
474
waiver of venue.
475
Section 8. Section 63.063, Florida Statutes, is amended to
476
read:
477
63.063 Responsibility of parents each party for their own
478
actions; fraud or misrepresentation; contesting termination of
479
parental rights and adoption statutory compliance.--
480
(1) Each parent of a child conceived or born outside of
481
marriage is responsible for his or her own actions and is not
482
excused from strict compliance with the provisions of this
483
chapter based upon any action, statement, or omission of the
484
other parent or a third party, except as provided in s.
485
63.062(2)(a).
486
(2) Any person injured by a fraudulent representation or
487
action in connection with an adoption may is entitled to pursue
488
civil or criminal penalties as provided by law. A fraudulent
489
representation is not a defense to compliance with the
490
requirements of this chapter and is not a basis for dismissing a
491
petition for termination of parental rights or a petition for
492
adoption, for vacating an adoption decree, or for granting
493
custody to the offended party. Custody and adoption
494
determinations must shall be based on the best interest of the
495
child in accordance with s. 61.13.
496
(3) The Legislature finds no way to remove all risk of
497
fraud or misrepresentation in adoption proceedings and has
498
provided a method for absolute protection of an unmarried
499
biological father's rights through by compliance with the
500
provisions of this chapter. In balancing the rights and interests
501
of the state and of all parties affected by fraud, including the
502
child, the adoptive parents, and the unmarried biological father,
503
the Legislature has determined that the unmarried biological
504
father is in the best position to prevent or ameliorate the
505
effects of fraud and, therefore, has the burden of preventing
506
fraud.
507
(4) The Legislature finds that an unmarried biological
508
father who resides in another state may not, in every
509
circumstance, be reasonably presumed to know of and comply with
510
the requirements of this chapter. Therefore, if all of the
511
following requirements have been met, an unmarried biological
512
father may contest a termination of parental rights or subsequent
513
adoption and, before prior to entry of the final judgment of
514
adoption, assert his interest in the child. Following such
515
assertion, the court may, in its discretion, proceed with an
516
evidentiary hearing if:
517
(a) The unmarried biological father resides and has resided
518
in another state where the unmarried mother was also located or
519
resided.
520
(b) The unmarried mother left that state without notifying
521
or informing the unmarried biological father that she could be
522
located in this the state of Florida.
523
(c) The unmarried biological father has, through every
524
reasonable means, attempted to locate the mother but does not
525
know or have reason to know that the mother is residing in this
526
the state of Florida.
527
(d) The unmarried biological father has substantially
528
complied with the requirements of the state where the mother
529
previously resided or was located in order to protect and
530
preserve his parental interest and rights with regard to the
531
child.
532
Section 9. Paragraph (d) of subsection (1), paragraphs (b),
533
(c), and (e) of subsection (4), paragraphs (a), (b), and (d) of
534
subsection (6), and subsection (7) of section 63.082, Florida
535
Statutes, are amended to read:
536
63.082 Execution of consent to adoption or affidavit of
537
nonpaternity; family social and medical history; withdrawal of
538
consent.--
539
(1)
540
(d) The notice and consent provisions of this chapter as
541
they relate to the birth of a child or to legal fathers do not
542
apply in cases in which the child is conceived as a result of a
543
violation of the criminal laws of this or another state,
544
including, but not limited to, sexual battery, unlawful sexual
545
activity with certain minors under s. 794.05, lewd acts
546
perpetrated upon a minor, or incest.
547
(4)
548
(b) A consent to the adoption of a minor who is to be
549
placed for adoption may shall not be executed by the birth mother
550
sooner than 48 hours after the minor's birth or the day the birth
551
mother is has been notified in writing, either on her patient
552
chart or in release paperwork, that she is fit to be released
553
from the licensed hospital or birth center, whichever is earlier.
554
A consent by any man a biological father or legal father may be
555
executed at any time after the birth of the child. The A consent
556
executed under this paragraph is valid upon execution and may be
557
withdrawn only if the court finds that it was obtained by fraud
558
or duress.
559
(c) If When the minor to be adopted is older than 6 months
560
of age at the time of the execution of the consent, the consent
561
to adoption is valid upon execution; however, it is subject to a
562
3-day revocation period of 3 business days or may be revoked at
563
any time prior to the placement of the minor with the prospective
564
adoptive parents, whichever is later. If a consent has been
565
executed, this subsection may not be construed to provide a birth
566
parent with more than 3 days to revoke the consent once the child
567
has been placed with the prospective adoptive parents.
568
(e) A consent to adoption being executed by the birth
569
parent must be in at least 12-point boldfaced type in
570
substantially the following form:
571
572
CONSENT TO ADOPTION
573
574
YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
575
HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
576
THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
577
PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
578
WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED
579
OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR WITNESSES YOU
580
SELECTED, IF ANY.
581
582
YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
583
FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
584
CONSENT:
585
586
1. CONSULT WITH AN ATTORNEY;
587
2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE LEGALLY
588
PROHIBITED;
589
3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR FAMILY
590
MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
591
4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; AND
592
5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE AVAILABLE TO
593
YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
594
595
IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO YOUR
596
CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE EXCEPT
597
UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP YOUR
598
RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED FOR
599
ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR
600
BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE IMPOSED
601
UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT FOR
602
ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
603
BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
604
WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
605
SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
606
CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
607
BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT AT
608
ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE
609
CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
610
WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
611
DURESS.
612
613
IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
614
AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
615
616
1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT YOU
617
WISH TO WITHDRAW YOUR CONSENT; AND
618
2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR
619
DURESS.
620
621
This statement of rights is not required for the adoption of a
622
relative, an adult, a stepchild, or a child older than 6 months
623
of age. A consent form for the adoption of a child older than 6
624
months of age at the time of the execution of consent must
625
contain a statement outlining the revocation rights provided in
626
paragraph (c).
627
(6)(a) If a birth parent executes a consent for placement
628
of a minor with an adoption entity or qualified prospective
629
adoptive parents and the minor child is in the custody of the
630
department, but parental rights have not yet been terminated, the
631
adoption consent is shall be valid, binding, and enforceable by
632
the court.
633
(b) Upon execution of the consent of the birth parent, the
634
adoption entity may shall be permitted to intervene in the
635
dependency case as a party in interest and must shall provide the
636
court having jurisdiction over the minor, pursuant to the shelter
637
or dependency petition filed by the department, with a copy of
638
the preliminary home study of the prospective adoptive parents
639
and any other evidence of the suitability of the placement. The
640
preliminary home study must shall be maintained with strictest
641
confidentiality within the dependency court file and the
642
department's file. A preliminary home study must be provided to
643
the court in all cases in which an adoption entity has intervened
644
pursuant to this section.
645
(d) In determining whether the best interest of the child
646
is will be served by transferring the custody of the minor child
647
to the prospective adoptive parent selected by the birth parent,
648
the court shall consider give consideration to the rights of the
649
birth parent to determine an appropriate placement for the child,
650
the permanency offered, the child's bonding with any potential
651
adoptive home that the child has been residing in, and the
652
importance of maintaining sibling relationships, if possible.
653
(7) If a person is seeking to withdraw consent for a child
654
older than 6 months of age who has been placed with prospective
655
adoptive parents:
656
(a) The person seeking to withdraw consent must, in
657
accordance with paragraph (4)(c), notify A consent that is being
658
withdrawn under paragraph (4)(c) may be withdrawn at any time
659
prior to the minor's placement with the prospective adoptive
660
parents or by notifying the adoption entity in writing by
661
certified United States mail, return receipt requested, within
662
not later than 3 business days after execution of the consent. As
663
used in this subsection, the term "business day" means any day on
664
which the United States Postal Service accepts certified mail for
665
delivery.
666
(b) Upon receiving timely written notice from a person
667
whose consent to adoption is required of that person's desire to
668
withdraw consent to adoption, the adoption entity must contact
669
the prospective adoptive parent to arrange a time certain for the
670
adoption entity to regain physical custody of the minor, unless,
671
upon a motion for emergency hearing by the adoption entity, the
672
court determines in written findings that placement of the minor
673
with the person who had legal or physical custody of the child
674
immediately before the child was placed for adoption withdrawing
675
consent may endanger the minor, or that the person who desires to
676
withdraw consent is to the adoption would not be required to
677
consent to the adoption, or has been determined to have abandoned
678
the child, or is otherwise subject to a determination that the
679
person's consent is waived under this chapter.
680
(c) If the court finds that the such placement may endanger
681
the minor, the court shall must enter an order continuing the
682
regarding continued placement of the minor with the prospective
683
adoptive parents pending further proceedings if they desire
684
continued placement. If the prospective adoptive parents do not
685
desire continued placement, the order must shall include, but
686
need not be limited to, a determination of whether temporary
687
placement in foster care with the person who had legal or
688
physical custody of the child immediately before placing the
689
child for adoption or with a relative is in the best interest of
690
the child and is appropriate, whether an investigation by the
691
department is recommended, and whether a relative is available
692
for the temporary placement.
693
(d) If the person withdrawing consent claims to be the
694
father of the minor but has not been established to be the father
695
by marriage, court order, or scientific testing, the court may
696
order scientific paternity testing and reserve ruling on removal
697
of the minor until the results of such testing have been filed
698
with the court.
699
(e) The adoption entity must return the minor within 3
700
business days after timely and proper notification of the
701
withdrawal of consent or after the court determines that
702
withdrawal is valid and binding upon consideration of an
703
emergency motion, as filed pursuant to paragraph (b), to the
704
physical custody of the person withdrawing consent or the person
705
directed by the court. If the person seeking to validly withdraw
706
consent claims to be the father of the minor but has not been
707
established to be the father by marriage, court order, or
708
scientific testing, the adoption entity may return the minor to
709
the care and custody of the mother, if she desires such
710
placement, and she the mother is not otherwise prohibited by law
711
from having custody of the child.
712
(f) Following the revocation period for withdrawal of
713
consent described in paragraph (a), or the placement of the child
714
with the prospective adoptive parents, whichever occurs later,
715
consent may be withdrawn only when the court finds that the
716
consent was obtained by fraud or duress.
717
(g) An affidavit of nonpaternity may be withdrawn only if
718
the court finds that the affidavit was obtained by fraud or
719
duress.
720
Section 10. Section 63.085, Florida Statutes, is amended to
721
read:
722
63.085 Disclosure by adoption entity.--
723
(1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE
724
PARENTS.--Within Not later than 14 days after a person seeking to
725
adopt a minor or a person seeking to place a minor for adoption
726
contacts an adoption entity in person or provides the adoption
727
entity with a mailing address, the entity must provide a written
728
disclosure statement to that person if the entity agrees or
729
continues to work with the such person. The If an adoption entity
730
shall also provide the written disclosure to the parent is
731
assisting in the effort to terminate the parental rights of a
732
parent who did not initiate the contact with the adoption entity,
733
the written disclosure must be provided within 14 days after that
734
parent is identified and located. For purposes of providing the
735
written disclosure, a person is considered to be seeking to place
736
a minor for adoption if when that person has sought information
737
or advice from the adoption entity regarding the option of
738
adoptive placement. The written disclosure statement must be in
739
substantially the following form:
740
741
ADOPTION DISCLOSURE
742
743
THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
744
PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
745
FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
746
ADOPTION UNDER FLORIDA LAW:
747
748
1. The name, address, and telephone number of the adoption
749
entity providing this disclosure is:
750
Name:
751
Address:
752
Telephone Number:
753
754
2. The adoption entity does not provide legal representation or
755
advice to birth parents or anyone signing a consent for adoption
756
or affidavit of nonpaternity, and birth parents have the right to
757
consult with an attorney of their own choosing to advise them.
758
3. With the exception of an adoption by a stepparent or
759
relative, a child cannot be placed into a prospective adoptive
760
home unless the prospective adoptive parents have received a
761
favorable preliminary home study, including criminal and child
762
abuse clearances.
763
4. A valid consent for adoption may not be signed by the birth
764
mother until 48 hours after the birth of the child, or the day
765
the birth mother is notified, in writing, that she is fit for
766
discharge from the licensed hospital or birth center. Any man A
767
putative father may sign a valid consent for adoption at any time
768
after the birth of the child.
769
5. A consent for adoption signed before the child attains the
770
age of 6 months is binding and irrevocable from the moment it is
771
signed unless it can be proven in court that the consent was
772
obtained by fraud or duress. A consent for adoption signed after
773
the child attains the age of 6 months is valid from the moment it
774
is signed; however, it may be revoked until the child is placed
775
in an adoptive home, or up to 3 days after it was signed,
776
whichever period is longer.
777
6. A consent for adoption is not valid if the signature of the
778
person who signed the consent was obtained by fraud or duress.
779
7. An unmarried biological father must act immediately in order
780
to protect his parental rights. Section 63.062, Florida Statutes,
781
prescribes that any father seeking to establish his right to
782
consent to the adoption of his child must file a claim of
783
paternity with the Florida Putative Father Registry maintained by
784
the Office of Vital Statistics of the Department of Health by the
785
date a petition to terminate parental rights is filed with the
786
court, or within 30 days after receiving service of a Notice of
787
Intended Adoption Plan. If he receives a Notice of Intended
788
Adoption Plan, he must file a claim of paternity with the Florida
789
Putative Father Registry, file a parenting plan with the court,
790
and provide financial support to the mother or child within 30
791
days following service. An unmarried biological father's failure
792
to timely respond to a Notice of Intended Adoption Plan
793
constitutes an irrevocable legal waiver of any and all rights
794
that the father may have to the child. A claim of paternity
795
registration form for the Florida Putative Father Registry may be
796
obtained from any local office of the Department of Health,
797
Office of Vital Statistics, the Department of Children and
798
Families, the Internet websites for these agencies, and the
799
offices of the clerks of the Florida circuit courts. The claim of
800
paternity form must be submitted to the Office of Vital
801
Statistics, Attention: Adoption Unit, P.O. Box 210, Jacksonville,
802
FL 32231.
803
8.7. There are alternatives to adoption, including foster care,
804
relative care, and parenting the child. There may be services and
805
sources of financial assistance in the community available to
806
birth parents if they choose to parent the child.
807
9.8. A birth parent has the right to have a witness of his or
808
her choice, who is unconnected with the adoption entity or the
809
adoptive parents, to be present and witness the signing of the
810
consent or affidavit of nonpaternity.
811
10.9. A birth parent 14 years of age or younger must have a
812
parent, legal guardian, or court-appointed guardian ad litem to
813
assist and advise the birth parent as to the adoption plan.
814
11.10. A birth parent has a right to receive supportive
815
counseling from a counselor, social worker, physician, clergy, or
816
attorney, and such counseling would be beneficial to the birth
817
parent.
818
12.11. The payment of living or medical expenses by the
819
prospective adoptive parents before prior to the birth of the
820
child does not, in any way, obligate the birth parent to sign the
821
consent for adoption.
822
(2) DISCLOSURE TO ADOPTIVE PARENTS.--
823
(a) At the time that an adoption entity is responsible for
824
selecting prospective adoptive parents for a born or unborn child
825
whose parents are seeking to place the child for adoption or
826
whose rights were terminated pursuant to chapter 39, the adoption
827
entity must provide the prospective adoptive parents with
828
information concerning the background of the child to the extent
829
such information is disclosed to the adoption entity by the
830
parents, legal custodian, or the department. This subsection
831
applies only if the adoption entity identifies the prospective
832
adoptive parents and supervises the physical placement of the
833
child in the prospective adoptive parents' home. If any
834
information cannot be disclosed because the records custodian
835
failed or refused to produce the background information, the
836
adoption entity has a duty to provide the information if it
837
becomes available. An individual or entity contacted by an
838
adoption entity to obtain the background information must release
839
the requested information to the adoption entity without the
840
necessity of a subpoena or a court order. In all cases, the
841
prospective adoptive parents must receive all available
842
information by the date of the final hearing on the petition for
843
adoption. The information to be disclosed includes:
844
1. A family social and medical history form completed
845
pursuant to s. 63.162(6).
846
2. The biological mother's medical records documenting her
847
prenatal care and the birth and delivery of the child.
848
3. A complete set of the child's medical records
849
documenting all medical treatment and care since the child's
850
birth and before placement.
851
4. All mental health, psychological, and psychiatric
852
records, reports, and evaluations concerning the child before
853
placement.
854
5. The child's educational records, including all records
855
concerning any special education needs of the child before
856
placement.
857
6. Records documenting all incidents that required the
858
department to provide services to the child, including all orders
859
of adjudication of dependency or termination of parental rights
860
issued pursuant to chapter 39, any case plans drafted to address
861
the child's needs, all protective services investigations
862
identifying the child as a victim, and all guardian ad litem
863
reports filed with the court concerning the child.
864
7. Written information concerning the availability of
865
adoption subsidies for the child, if applicable.
866
(b) When disclosing information pursuant to this
867
subsection, the adoption entity must redact any confidential
868
identifying information concerning the child's parents,
869
siblings, and relatives, and perpetrators of crimes against the
870
child or involving the child.
871
(3)(2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
872
must obtain a written statement acknowledging receipt of the
873
disclosures disclosure required under subsections subsection (1)
874
and (2) and signed by the persons receiving the disclosure or, if
875
it is not possible to obtain such an acknowledgment, the adoption
876
entity must execute an affidavit stating why an acknowledgment
877
could not be obtained. If the disclosure was delivered by
878
certified United States mail, return receipt requested, a return
879
receipt signed by the person from whom acknowledgment is required
880
is sufficient to meet the requirements of this subsection. A copy
881
of the acknowledgment of receipt of the disclosure must be
882
provided to the person signing it. A copy of the acknowledgment
883
or affidavit executed by the adoption entity in lieu of the
884
acknowledgment must be maintained in the file of the adoption
885
entity. The original acknowledgment or affidavit must be filed
886
with the court.
887
(4)(3) REVOCATION OF CONSENT.--Failure to meet the
888
requirements of this section subsection (1) or subsection (2)
889
does not constitute grounds for revocation of a consent to
890
adoption or withdrawal of an affidavit of nonpaternity unless the
891
extent and circumstances of such a failure result in a material
892
failure of fundamental fairness in the administration of due
893
process, or the failure constitutes or contributes materially to
894
fraud or duress in obtaining a consent to adoption or affidavit
895
of nonpaternity.
896
Section 11. Subsections (2), (3), and (6) of section
897
63.087, Florida Statutes, are amended to read:
898
63.087 Proceeding to terminate parental rights pending
899
adoption; general provisions.--
900
(2) VENUE.--
901
(a) A petition to terminate parental rights pending
902
adoption must be filed:
903
1. In the county where the child resides; or
904
2. If the child does not reside in the State of Florida, In
905
the county where the adoption entity is located;
906
3. In the county where the adoption entity is located; or
907
4. If neither parent resides in the state, in the county
908
where the adoption entity is located. The fact of the minor's
909
presence within the state confers jurisdiction on the court in
910
proceedings in the minor's case under this chapter, or to a
911
parent or guardian if due notice has been given.
912
(b) If a petition for termination of parental rights has
913
been filed and a parent whose consent is required rights are to
914
be terminated objects to venue, there must be a hearing in which
915
the court shall determine whether that parent intends to assert
916
legally recognized grounds to contest a termination of parental
917
rights and, if so, the court may shall immediately transfer venue
918
to a proper venue under this subsection the county where that
919
parent resides or resided at the time of the execution of the
920
consent. For purposes of selecting venue, the court shall
921
consider the ease of access to the court for the parent and the
922
factors set forth in s. 47.122 who intends to contest a
923
termination of parental rights.
924
(c) If there is a transfer of venue, the court may
925
determine which party shall bear the cost of venue transfer.
926
927
For purposes of the hearing under this subsection, witnesses
928
located in another jurisdiction may testify by deposition or
929
testify by telephone, audiovisual means, or other electronic
930
means before a designated court or at another location.
931
Documentary evidence transmitted from another location by
932
technological means that do not produce an original writing may
933
not be excluded from evidence on an objection based on the means
934
of transmission. The court on its own motion may otherwise
935
prescribe the manner in which and the terms upon which the
936
testimony is taken.
937
(3) PREREQUISITE FOR ADOPTION.--A petition for adoption may
938
not be filed until after the date the court enters the judgment
939
terminating parental rights pending adoption under this chapter
940
or under chapter 39. Adoptions of relatives, adult adoptions, or
941
adoptions of stepchildren are shall not be required to file a
942
separate termination of parental rights proceeding pending
943
adoption. In such cases, the petitioner may file a joint petition
944
for termination of parental rights and adoption, attaching all
945
required consents, affidavits, notices, and acknowledgments shall
946
be attached to the petition for adoption or filed separately in
947
the adoption proceeding. Unless otherwise provided by law, this
948
chapter applies to joint petitions.
949
(6) ANSWER AND APPEARANCE REQUIRED.--An answer to the
950
petition or any pleading requiring an answer must shall be filed
951
in accordance with the Florida Family Law Rules of Civil
952
Procedure. Failure to file a written response or to appear at the
953
hearing on the petition constitutes grounds upon which the court
954
may terminate parental rights. Failure to appear at the hearing
955
constitutes grounds upon which the court may terminate parental
956
rights. The petitioner shall provide notice of the final hearing
957
by United States mail to any person who has been served with the
958
summons and petition for termination of parental rights within
959
the specified time periods. Notwithstanding the filing of any
960
answer or any pleading, Any person present at the hearing to
961
terminate parental rights pending adoption whose consent to
962
adoption is required under s. 63.062 must:
963
(a) Be advised by the court that he or she has a right to
964
ask that the hearing be reset for a later date so that the person
965
may consult with an attorney; and
966
(b) Be given an opportunity to admit or deny the
967
allegations in the petition.
968
Section 12. Subsections (1), (3), (4), and (5) of section
969
63.088, Florida Statutes, are amended to read:
970
63.088 Proceeding to terminate parental rights pending
971
adoption; notice and service; diligent search.--
972
(1) NOTICE REQUIRED.--An unmarried biological father, by
973
virtue of the fact that he has engaged in a sexual relationship
974
with a woman, is deemed to be on notice that a pregnancy and an
975
adoption proceeding regarding that child may occur and that he
976
has a duty to protect his own rights and interest. He is,
977
therefore, entitled to notice of a birth or adoption proceeding
978
with regard to that child only as provided in this chapter. If a
979
mother fails to identify an unmarried biological father to the
980
adoption entity by the date she signs her consent for adoption,
981
the unmarried biological father's claim that he did not receive
982
actual notice of the adoption proceeding is not a defense to the
983
termination of his parental rights.
984
(3) LOCATION AND IDENTITY KNOWN.--Before the court may
985
determine that a minor is available for adoption, and in addition
986
to the other requirements set forth in this chapter, each person
987
whose consent is required under s. 63.062, who has not executed a
988
consent for adoption or an affidavit of nonpaternity, and whose
989
location and identity have been determined by compliance with the
990
procedures in this section must be personally served, pursuant to
991
chapter 48, at least 20 days before the hearing with a copy of
992
the petition to terminate parental rights pending adoption and
993
with notice in substantially the following form:
994
995
NOTICE OF PETITION AND HEARING
996
TO TERMINATE PARENTAL RIGHTS
997
PENDING ADOPTION
998
999
A petition to terminate parental rights pending adoption has been
1000
filed. A copy of the petition is being served with this notice.
1001
There will be a hearing on the petition to terminate parental
1002
rights pending adoption on (date) at (time) before
1003
(judge) at (location, including complete name and street
1004
address of the courthouse) . The court has set aside (amount
1005
of time) for this hearing.
1006
1007
UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY FILE A
1008
WRITTEN RESPONSE TO THIS NOTICE AND THE PETITION WITH THE COURT
1009
AND OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH
1010
THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE OR ASSERT
1011
REGARDING THE MINOR CHILD.
1012
(4) REQUIRED INQUIRY.--In proceedings initiated under s.
1013
63.087, the court shall must conduct an inquiry of the person who
1014
is placing the minor for adoption and of any relative or person
1015
having legal custody of the minor who is present at the hearing
1016
and likely to have the following information regarding the
1017
identity of:
1018
(a) Any person to whom the mother of the minor was married
1019
at any time when conception of the minor may have occurred or at
1020
the time of the birth of the minor;
1021
(b) Any man who has filed an affidavit of paternity
1022
pursuant to s. 382.013(2)(c) before the date that a petition for
1023
termination of parental rights is filed with the court person who
1024
has been declared by a court to be the father of the minor;
1025
(c) Any man who has adopted the minor;
1026
(d) Any man who has been adjudicated by a court as the
1027
father of the minor child before the date a petition for
1028
termination of parental rights is filed with the court with whom
1029
the mother was cohabiting at any time when conception of the
1030
minor may have occurred; and
1031
(e) Any man whom the mother identified to the adoption
1032
entity as a potential biological father before the date she
1033
signed the consent for adoption person who has acknowledged or
1034
claimed paternity of the minor.
1035
1036
The information sought required under this subsection may be
1037
provided to the court in the form of a sworn affidavit by a
1038
person having personal knowledge of the facts, addressing each
1039
inquiry enumerated in this subsection, except that, if the
1040
inquiry identifies a father under paragraph (a), paragraph (b),
1041
or paragraph (c), the inquiry may shall not continue further. The
1042
inquiry required under this subsection may be conducted before
1043
the birth of the minor.
1044
(5) LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1045
the court under subsection (4) identifies any person whose
1046
consent to adoption is required under s. 63.062 and who has not
1047
executed a consent to adoption or an affidavit of nonpaternity,
1048
and the location of the person from whom consent is required is
1049
unknown, the adoption entity must conduct a diligent search for
1050
that person which must include inquiries concerning:
1051
(a) The person's current address, or any previous address,
1052
through an inquiry of the United States Postal Service through
1053
the Freedom of Information Act;
1054
(b) The last known employment of the person, including the
1055
name and address of the person's employer;
1056
(c) Regulatory agencies, including those regulating
1057
licensing in the area where the person last resided;
1058
(c)(d) Names and addresses of relatives to the extent they
1059
such can be reasonably obtained from the petitioner or other
1060
sources, contacts with those relatives, and inquiry as to the
1061
person's last known address. The petitioner must shall pursue any
1062
leads to of any addresses where to which the person may have
1063
moved;
1064
(d)(e) Information as to whether or not the person may have
1065
died and, if so, the date and location;
1066
(e)(f) Telephone listings in the area where the person last
1067
resided;
1068
(f)(g) Inquiries of law enforcement agencies in the area
1069
where the person last resided;
1070
(g)(h) Highway patrol records in the state where the person
1071
last resided;
1072
(h)(i) Department of Corrections records in the state where
1073
the person last resided;
1074
(i)(j) Hospitals in the area where the person last resided;
1075
(j)(k) Records of utility companies, including water,
1076
sewer, cable television, and electric companies, in the area
1077
where the person last resided;
1078
(k)(l) Records of the Armed Forces of the United States as
1079
to whether there is any information as to the person;
1080
(l)(m) Records of the tax assessor and tax collector in the
1081
area where the person last resided; and
1082
(m)(n) Search of one Internet databank locator service.
1083
1084
A person contacted by a petitioner or adoption entity requesting
1085
information under this subsection must release the requested
1086
information to the petitioner or adoption entity without the
1087
necessity of a subpoena or a court order, except when prohibited
1088
by law. An affidavit of diligent search conducted in accordance
1089
with this section executed by the petitioner and the adoption
1090
entity must be filed with the court confirming completion of each
1091
aspect of the diligent search enumerated in this subsection and
1092
specifying the results. The diligent search required under this
1093
subsection may be conducted before the birth of the minor. A
1094
judgment terminating parental rights and approving a diligent
1095
search that fails to locate a person is valid and is not subject
1096
to direct or collateral attack because the mother failed or
1097
refused to provide the adoption entity with sufficient
1098
information to locate the person.
1099
Section 13. Subsections (2), (3), (4), and (6), paragraph
1100
(a) of subsection (7), and subsection (8) of section 63.089,
1101
Florida Statutes, are amended to read:
1102
63.089 Proceeding to terminate parental rights pending
1103
adoption; hearing; grounds; dismissal of petition; judgment.--
1104
(2) HEARING PREREQUISITES.--The court may hold the hearing
1105
only when:
1106
(a) For each person whose consent to adoption is required
1107
under s. 63.062:
1108
1. A consent under s. 63.082 has been executed and filed
1109
with the court;
1110
2. An affidavit of nonpaternity under s. 63.082 has been
1111
executed and filed with the court;
1113
4. The certificate from the Office of Vital Statistics has
1114
been provided to the court stating that a diligent search has
1115
been made of the Florida Putative Father Registry created in s.
1116
63.054 and that no filing has been found pertaining to the father
1117
of the child in question or, if a filing is found, stating the
1118
name of the putative father and the time and date of the filing.
1119
(b) For each notice and petition that must be served under
1121
1. At least 20 days have elapsed since the date of personal
1122
service and an affidavit of service has been filed with the
1123
court;
1124
2. At least 30 days have elapsed since the first date of
1125
publication of constructive service and an affidavit of service
1126
has been filed with the court; or
1127
3. An affidavit of nonpaternity, consent for adoption, or
1128
other document that which affirmatively waives service has been
1129
executed and filed with the court.;
1130
(c) The minor named in the petition has been born.; and
1131
(d) The petition contains all information required under s.
1132
63.087 and all affidavits of inquiry, diligent search, and
1133
service required under s. 63.088 have been obtained and filed
1134
with the court.
1135
(3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1136
ADOPTION.--The court may enter a judgment terminating parental
1137
rights pending adoption if the court determines by clear and
1138
convincing evidence, supported by written findings of fact, that
1139
each person whose consent to adoption is required under s.
1140
1141
(a) Has executed a valid consent under s. 63.082 and the
1142
consent was obtained according to the requirements of this
1143
chapter;
1144
(b) Has executed an affidavit of nonpaternity and the
1145
affidavit was obtained according to the requirements of this
1146
chapter;
1147
(c) Has been served with a notice of the intended adoption
1148
plan in accordance with the provisions of s. 63.062(3) and has
1149
failed to respond within the designated time period;
1150
(d) Has been properly served notice of the proceeding in
1151
accordance with the requirements of this chapter and has failed
1152
to file a written answer or appear at the evidentiary hearing
1153
resulting in the judgment terminating parental rights pending
1154
adoption;
1155
(e) Has been properly served notice of the proceeding in
1156
accordance with the requirements of this chapter and has been
1157
determined under subsection (4) to have abandoned the minor as
1158
defined in s. 63.032;
1159
(f) Is a parent of the person to be adopted, which parent
1160
has been judicially declared incapacitated with restoration of
1161
competency found to be medically improbable;
1162
(g) Is a person who has legal custody of the person to be
1163
adopted, other than a parent, who has failed to respond in
1164
writing to a request for consent for a period of 60 days or,
1165
after examination of his or her written reasons for withholding
1166
consent, is found by the court to be withholding his or her
1167
consent unreasonably;
1168
(h) Has been properly served notice of the proceeding in
1169
accordance with the requirements of this chapter, but has been
1170
found by the court, after examining written reasons for the
1171
withholding of consent, to be unreasonably withholding his or her
1172
consent; or
1173
(i) Is the spouse of the person to be adopted who has
1174
failed to consent, and the failure of the spouse to consent to
1175
the adoption is excused by reason of prolonged and unexplained
1176
absence, unavailability, incapacity, or circumstances that are
1177
found by the court to constitute unreasonable withholding of
1178
consent.
1179
(4) FINDING OF ABANDONMENT.--A finding of abandonment
1180
resulting in a termination of parental rights must be based upon
1181
clear and convincing evidence that a parent or person having
1182
legal custody has abandoned the child in accordance with the
1184
abandonment may also be based upon emotional abuse or a refusal
1185
to provide reasonable financial support, when able, to a birth
1186
mother during her pregnancy. If, in the opinion of the court, the
1187
efforts of a parent or person having legal custody of the child
1188
to support and communicate with the child are only marginal
1189
efforts that do not evince a settled purpose to assume all
1190
parental duties, the court may declare the child to be abandoned.
1191
In making this decision, the court may consider the conduct of a
1192
father toward the child's mother during her pregnancy.
1193
(a) In making a determination of abandonment at a hearing
1194
for termination of parental rights under pursuant to this
1195
chapter, the court shall must consider, among other relevant
1196
factors not inconsistent with this section:
1197
1. Whether the actions alleged to constitute abandonment
1198
demonstrate a willful disregard for the safety or welfare of the
1199
child or the unborn child;
1200
2. Whether the person alleged to have abandoned the child,
1201
while being able, failed to provide financial support;
1202
3. Whether the person alleged to have abandoned the child,
1203
while being able, failed to pay for medical treatment; and
1204
4. Whether the amount of support provided or medical
1205
expenses paid was appropriate, taking into consideration the
1206
needs of the child and relative means and resources available to
1207
the person alleged to have abandoned the child.
1208
(b) The child has been abandoned when the parent of a child
1209
is incarcerated on or after October 1, 2001, in a federal, state,
1210
or county federal correctional institution and:
1211
1. The period of time for which the parent has been or is
1212
expected to be incarcerated will constitute a significant
1213
substantial portion of the child's minority. In determining
1214
whether the period of time is significant, the court shall
1215
consider the child's age and the child's need for a permanent and
1216
stable home. The period of time begins on the date that the
1217
parent enters into incarceration period of time before the child
1218
will attain the age of 18 years;
1219
2. The incarcerated parent has been determined by a the
1220
court of competent jurisdiction to be a violent career criminal
1221
as defined in s. 775.084, a habitual violent felony offender as
1222
defined in s. 775.084, convicted of child abuse as defined in s.
1224
convicted of first degree or second degree murder in violation of
1225
s. 782.04 or a sexual battery that constitutes a capital, life,
1226
or first degree felony violation of s. 794.011; or has been
1227
convicted of a substantially similar an offense in another
1228
jurisdiction which is substantially similar to one of the
1229
offenses listed in this subparagraph. As used in this section,
1230
the term "substantially similar offense" means any offense that
1231
is substantially similar in elements and penalties to one of
1232
those listed in this subparagraph, and that is in violation of a
1233
law of any other jurisdiction, whether that of another state, the
1234
District of Columbia, the United States or any possession or
1235
territory thereof, or any foreign jurisdiction; or
1236
3. The court determines by clear and convincing evidence
1237
that continuing the parental relationship with the incarcerated
1238
parent would be harmful to the child and, for this reason, that
1239
termination of the parental rights of the incarcerated parent is
1240
in the best interest of the child.
1241
(6) JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1242
ADOPTION.--
1243
(a) The judgment terminating parental rights pending
1244
adoption must be in writing and contain findings of fact as to
1245
the grounds for terminating parental rights pending adoption.
1246
(b) Within 7 days after filing, the court shall mail a copy
1247
of the judgment to the department. The clerk shall execute a
1248
certificate of the such mailing.
1249
(c) The judgment terminating parental rights pending
1250
adoption legally frees the child for subsequent adoption,
1251
adjudicates the child's status, and may not be challenged by a
1252
person claiming parental status who did not establish parental
1253
rights before the filing of the petition for termination, except
1254
as specifically provided in this chapter.
1255
(7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1256
(a) A motion for relief from a judgment terminating
1257
parental rights must be filed with the court originally entering
1258
the judgment. The motion must be filed within a reasonable time,
1259
but not later than 1 year after the entry of the judgment
1260
terminating parental rights. An unmarried biological father does
1261
not have standing to seek relief from a judgment terminating
1262
parental rights if the mother did not identify him to the
1263
adoption entity before the date she signed a consent for adoption
1264
or if he was not located because the mother failed or refused to
1265
provide sufficient information to locate him.
1266
(8) RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1267
records pertaining to a petition to terminate parental rights
1268
pending adoption are related to the subsequent adoption of the
1269
minor and are subject to the provisions of s. 63.162. An
1270
unmarried biological father does not have standing to seek the
1271
court case number or access the court file if the mother did not
1272
identify him to the adoption entity before the date she signed
1273
the consent for adoption. The confidentiality provisions of this
1274
chapter do not apply to the extent information regarding persons
1275
or proceedings is must be made available as specified under s.
1276
1277
Section 14. Subsection (1) of section 63.092, Florida
1278
Statutes, is amended to read:
1279
63.092 Report to the court of intended placement by an
1280
adoption entity; at-risk placement; preliminary study.--
1281
(1) REPORT TO THE COURT.--The adoption entity must report
1282
any intended placement of a minor for adoption with any person
1283
who is not a relative or a stepparent if the adoption entity has
1284
knowledge of, or participates in the, such intended placement.
1285
The report must be made to the court before the minor is placed
1286
in the home or within 2 business days 48 hours thereafter.
1287
Section 15. Subsections (1) and (2) of section 63.102,
1288
Florida Statutes, are amended to read:
1289
63.102 Filing of petition for adoption or declaratory
1290
statement; venue; proceeding for approval of fees and costs.--
1291
(1) PETITION FOR ADOPTION.--A petition for adoption may not
1292
be filed until after the entry of the judgment or decree
1293
terminating parental rights pending adoption under this chapter,
1294
unless the adoptee is an adult or, the petitioner is a stepparent
1295
or a relative, or the minor has been the subject of a judgment
1296
terminating parental rights under chapter 39. After a judgment
1297
terminating parental rights has been entered, a proceeding for
1298
adoption may be commenced by filing a petition entitled, "In the
1299
Matter of the Adoption of _____" in the circuit court. The person
1300
to be adopted shall be designated in the caption in the name by
1301
which he or she is to be known if the petition is granted. Except
1302
for a joint petition for the adoption of a stepchild, a relative,
1303
or an adult, any name by which the minor was previously known may
1304
not be disclosed in the petition, the notice of hearing, or the
1305
judgment of adoption, or the court docket as provided in s.
1306
63.162(3).
1307
(2) VENUE.--A petition for adoption or for a declaratory
1308
statement as to the adoption contract must shall be filed in the
1309
county where the petition for termination of parental rights was
1310
filed or granted, unless the court, in accordance with s. 47.122,
1311
changes the venue to the county where the petitioner or
1312
petitioners or the minor resides or where the adoption entity
1313
with which the minor has been placed is located. The circuit
1314
court in this state shall must retain jurisdiction over the
1315
matter until a final judgment is entered on the adoption, either
1316
within or outside the state. The Uniform Child Custody
1317
Jurisdiction and Enforcement Act does not apply until a final
1318
judgment is entered on the adoption.
1319
Section 16. Subsection (3) of section 63.122, Florida
1320
Statutes, is amended to read:
1321
63.122 Notice of hearing on petition.--
1322
(3) Upon a showing by the petitioner or parent that the
1323
privacy, safety, or and welfare of the petitioner, parent, or
1324
minor may be endangered, the court may order that the names of
1325
the petitioner, parent, or minor, or all both, to be deleted from
1326
the notice of hearing and from the copy of the petition attached
1327
thereto if, provided the substantive rights of any person are
1328
will not thereby be affected.
1329
Section 17. Subsection (4) of section 63.132, Florida
1330
Statutes, is amended to read:
1331
63.132 Affidavit of expenses and receipts.--
1332
(4) This section does not apply to an adoption by a
1333
stepparent or an adoption of a relative or adult, the
1334
finalization of an adoption of a minor if the parental rights
1335
were terminated under chapter 39, or the domestication of an
1336
adoption decree of a minor child adopted in a foreign country.
1337
Section 18. Section 63.135, Florida Statutes, is amended to
1338
read:
1339
63.135 Information under oath to be submitted to the
1340
court.--
1341
(1) The adoption entity or petitioner must file an
1342
affidavit under the Uniform Child Custody Jurisdiction and
1343
Enforcement Act in the termination of parental rights Each party
1344
in an adoption proceeding, in the first pleading or in an
1345
affidavit attached to that pleading, shall give information under
1346
oath as to the child's present address, the places where the
1347
child has lived within the last 5 years, and the names and
1348
present addresses of the persons with whom the child has lived
1349
during that period. In the pleading or affidavit each party shall
1350
further declare under oath whether:
1351
(a) The party has participated as a party or witness or in
1352
any other capacity in any other litigation concerning the custody
1353
of the same child in this or any other state;
1354
(b) The party has information of any custody proceeding
1355
concerning the child pending in a court of this or any other
1356
state; and
1357
(c) The party knows of any person not a party to the
1358
proceedings who has physical custody of the child or claims to
1359
have custody or visitation rights with respect to the child.
1360
(2) If the declaration as to any item specified in
1361
subsection (1) is in the affirmative, the declarant shall give
1362
additional information under oath as required by the court. The
1363
court may examine the parties under oath about details of the
1364
information furnished and other matters pertinent to the court's
1365
jurisdiction and judgment of adoption.
1366
(2)(3) Each party has a continuing duty to inform the court
1367
of any custody proceeding concerning the child in this or any
1368
other state about which he or she obtained information during
1369
this proceeding.
1370
Section 19. Subsections (3) and (4) of section 63.142,
1371
Florida Statutes, are amended to read:
1372
63.142 Hearing; judgment of adoption.--
1373
(3) DISMISSAL.--
1374
(a) If the petition is dismissed, further proceedings, if
1375
any, regarding the minor must be brought in a separate custody
1376
action under chapter 61, a dependency action under chapter 39, or
1377
a paternity action under chapter 742 the court shall determine
1378
the person that is to have custody of the minor.
1379
(b) If the petition is dismissed, the court shall state
1380
with specificity the reasons for the dismissal.
1381
(4) JUDGMENT.--At the conclusion of the hearing, after the
1382
court determines that the date for a parent to file an appeal of
1383
a valid judgment terminating that parent's parental rights has
1384
passed and no appeal, pursuant to the Florida Rules of Appellate
1385
Procedure, is pending and that the adoption is in the best
1386
interest of the person to be adopted, a judgment of adoption
1387
shall be entered. A judgment terminating parental rights pending
1388
adoption is voidable and any later judgment of adoption of that
1389
minor is voidable if, upon a parent's motion for relief from
1390
judgment, the court finds that the adoption substantially fails
1391
to meet the requirements of this chapter. The motion must be
1392
filed within a reasonable time, but not later than 1 year after
1393
the date the judgment terminating parental rights was entered.
1394
Section 20. Section 63.192, Florida Statutes, is amended to
1395
read:
1396
63.192 Recognition of foreign judgment or decree affecting
1397
adoption.--A judgment of court terminating the relationship of
1398
parent and child or establishing the relationship by adoption, or
1399
a decree granting legal guardianship for purposes of adoption,
1400
issued pursuant to due process of law by a court or authorized
1401
body of any other jurisdiction within or without the United
1402
States shall be recognized in this state, and the rights and
1403
obligations of the parties on matters within the jurisdiction of
1404
this state shall be determined as though the judgment or decree
1405
were issued by a court of this state. A judgment or decree of a
1406
court or authorized body terminating the relationship of a parent
1407
and child, whether independent, incorporated in an adoption
1408
decree, or incorporated in a legal guardianship order issued
1409
pursuant to due process of law of any other jurisdiction within
1410
or without the United States, shall be deemed to effectively
1411
terminate parental rights for purposes of a proceeding on a
1412
petition for adoption in this state. If a minor child has been
1413
made available for adoption in a foreign state or foreign country
1414
and the parental rights of the minor child's parent have been
1415
terminated or the child has been declared to be abandoned or
1416
orphaned, no additional termination of parental rights proceeding
1417
need occur, and the adoption may be finalized according to the
1418
procedures set forth in this chapter.
1419
Section 21. Subsection (2) of section 63.212, Florida
1420
Statutes, is amended to read:
1421
63.212 Prohibited acts; penalties for violation.--
1422
(2)(a) It is unlawful for:
1423
(a) Any person or adoption entity under this chapter to:
1424
1. Knowingly provide false information; or
1425
2. Knowingly withhold material information.
1426
(b) It is unlawful for A parent, with the intent to
1427
defraud, to accept benefits related to the same pregnancy from
1428
more than one adoption entity without disclosing that fact to
1429
each entity.
1430
(c) It is unlawful for any person who knows that the parent
1431
whose rights are to be terminated intends to object to said
1432
termination to intentionally file the petition for termination of
1433
parental rights in a county inconsistent with the required venue
1434
under such circumstances.
1435
1436
Any person who willfully violates any provision of this
1437
subsection commits a misdemeanor of the second degree, punishable
1439
person is liable for damages caused by such acts or omissions,
1440
including reasonable attorney's fees and costs. Damages may be
1441
awarded through restitution in any related criminal prosecution
1442
or by filing a separate civil action.
1443
Section 22. Section 63.236, Florida Statutes, is created to
1444
read:
1445
63.236 Petitions filed before July 1, 2009; governing
1446
law.--A petition for termination of parental rights filed before
1447
July 1, 2009, is governed by the law in effect at the time the
1448
petition was filed.
1449
Section 23. Section 742.021, Florida Statutes, is amended
1450
to read:
1451
742.021 Venue, process, complaint.--
1452
(1) The proceedings must shall be in the circuit court of
1453
the county where the plaintiff resides or of the county where the
1454
defendant resides.
1455
(2) The complaint shall assert aver sufficient facts
1456
charging the paternity of the child. Upon filing of a complaint
1457
seeking to determine paternity, the clerk of court shall issue a
1458
notice to each petitioner and to each respondent or defendant
1459
along with service of the petition. The notice must be in
1460
substantially the following form:
1461
1462
In order to preserve the right to notice and consent to
1463
the adoption of the child, an unmarried biological
1464
father must, as the "registrant," file a notarized
1465
claim of paternity form with the Florida Putative
1466
Father Registry maintained by the Office of Vital
1467
Statistics of the Department of Health which includes
1468
confirmation of his willingness and intent to support
1469
the child for whom paternity is claimed in accordance
1470
with state law. The claim of paternity may be filed at
1471
any time before the child's birth, but a claim of
1472
paternity may not be filed after the date a petition is
1473
filed for termination of parental rights.
1474
1475
(3) Process served on directed to the defendant must
1476
require shall issue forthwith requiring the defendant to file
1477
written defenses to the complaint in the same manner as suits in
1478
chancery. Upon application and proof under oath, the court may
1479
issue a writ of ne exeat against the defendant on such terms and
1480
conditions and conditioned upon bond in such amount as the court
1481
may determine.
1482
Section 24. Subsection (1) of section 742.10, Florida
1483
Statutes, is amended to read:
1484
742.10 Establishment of paternity for children born out of
1485
wedlock.--
1486
(1) Except as provided in chapters 39 and 63, this chapter
1487
provides the primary jurisdiction and procedures for the
1488
determination of paternity for children born out of wedlock. If
1489
When the establishment of paternity has been raised and
1490
determined within an adjudicatory hearing brought under the
1491
statutes governing inheritance, or dependency under workers'
1492
compensation or similar compensation programs; if, or when an
1493
affidavit acknowledging paternity or a stipulation of paternity
1494
is executed by both parties and filed with the clerk of the
1495
court; if, or when an affidavit, a notarized voluntary
1496
acknowledgment of paternity, or a voluntary acknowledgment of
1497
paternity that is witnessed by two individuals and signed under
1499
executed by both parties;, or if when paternity is adjudicated by
1500
the Department of Revenue as provided in s. 409.256, such
1501
adjudication, affidavit, or acknowledgment constitutes the
1502
establishment of paternity for purposes of this chapter. If an no
1503
adjudicatory proceeding was not held, a notarized voluntary
1504
acknowledgment of paternity or voluntary acknowledgment of
1505
paternity, which that is witnessed by two individuals and signed
1506
under penalty of perjury as specified by s. 92.525(2), creates
1507
shall create a rebuttable presumption, as defined by s. 90.304,
1508
of paternity and is subject to the right of any signatory to
1509
rescind the acknowledgment within 60 days after the date the
1510
acknowledgment was signed or the date of an administrative or
1511
judicial proceeding relating to the child, including a proceeding
1512
to establish a support order, in which the signatory is a party,
1513
whichever is earlier. Both parents must provide their social
1514
security numbers on any acknowledgment of paternity, consent
1515
affidavit, or stipulation of paternity. Except for affidavits
1517
Vital Statistics shall provide certified copies of affidavits to
1518
the Title IV-D agency upon request.
1519
Section 25. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.