The Florida Senate

63.062  Persons required to consent to adoption.--

(1)  Unless consent is excused by the court, a petition to adopt a minor may be granted only if written consent has been executed after the birth of the minor by:

(a)  The mother of the minor.

(b)  The father of the minor, if:

1.  The minor was conceived or born while the father was married to the mother.

2.  The minor is his child by adoption.

3.  The minor has been established by court proceeding to be his child.

4.  He has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor and has filed such acknowledgment with the Office of Vital Statistics of the Department of Health.

5.  He has provided the child with support in a repetitive, customary manner.

(c)  The minor, if more than 12 years of age, unless the court in the best interest of the minor dispenses with the minor's consent.

(2)  The court may require that consent be executed by:

(a)  Any person lawfully entitled to custody of the minor; or

(b)  The court having jurisdiction to determine custody of the minor, if the person having physical custody of the minor has no authority to consent to the adoption.

(3)  The petitioner must make good faith and diligent efforts to notify, and obtain written consent from, the persons required to consent to adoption within 60 days after filing the petition. These efforts may include conducting interviews and record searches to locate those persons, including verifying information related to location of residence, employment, service in the Armed Forces, vehicle registration in this state, and corrections records.

(4)  If parental rights to the minor have previously been terminated, a licensed child-placing agency or the department with which the child has been placed for subsequent adoption may provide consent to the adoption. In such case, no other consent is required.

(5)  A petition to adopt an adult may be granted if:

(a)  Written consent to adoption has been executed by the adult and the adult's spouse, if any.

(b)  Written consent to adoption has been executed by the birth parents, if any, or proof of service of process has been filed, showing notice has been served on the parents as provided in this section.

History.--s. 6, ch. 73-159; s. 4, ch. 75-226; s. 16, ch. 77-147; s. 1, ch. 77-446; s. 6, ch. 92-96; s. 11, ch. 95-280; s. 84, ch. 97-237.