The Florida Senate

63.082  Execution of consent to adoption or affidavit of nonpaternity; family social and medical history; withdrawal of consent.--

(1)  Consent to an adoption or an affidavit of nonpaternity shall be executed as follows:

(a)  If by the person to be adopted, by oral or written statement in the presence of the court or by being acknowledged before a notary public.

(b)  If by an agency, by affidavit from its authorized representative.

(c)  If by any other person, in the presence of the court or by affidavit.

(d)  If by a court, by an appropriate order or certificate of the court.

(2)  A consent that does not name or otherwise identify the adopting parent is valid if the consent contains a statement by the person consenting that the consent was voluntarily executed and that identification of the adopting parent is not required for granting the consent.

(3)(a)  The department must provide a consent form and a family social and medical history form to an adoption entity that intends to place a child for adoption. Forms containing, at a minimum, the same information as the forms promulgated by the department must be attached to the petition to terminate parental rights pending adoption and must contain such biological and sociological information or such information as to the family medical history, regarding the minor and the parents, as is required by the department. The information must be incorporated into the final home investigation report specified in s. 63.125 Each parent must be interviewed by a representative of the department, a licensed child-placing agency, or a licensed professional, pursuant to s. 63.092, before the consent is executed, unless the parent cannot be located or identified. A summary of each interview, or a statement that the parent is unlocated or unidentified, must be filed with the petition to terminate parental rights pending adoption and included in the final home investigation report filed under s. 63.125 The interview may be excused by the court for good cause.

(b)  Consent executed by an appropriate order or certificate of the court if executed under s. 63.062(5)(b) must be attached to the petition to terminate parental rights pending adoption.

(c)  If any required consent or social and medical history is unavailable because the person whose consent is required cannot be located or identified, the petition to terminate parental rights pending adoption must be accompanied by the affidavit of diligent search required under s. 63.088

(4)(a)  The consent to an adoption or affidavit of nonpaternity shall not be executed before the birth of the minor.

(b)  A consent to the adoption of a minor who is to be placed for adoption with identified prospective adoptive parents under s. 63.052, upon the minor's release from a licensed hospital or birth center following birth, shall not be executed sooner than 48 hours after the minor's birth or the day the birth mother has been notified in writing, either on her patient chart or in release paperwork, that she is fit to be released from a licensed hospital or birth center, whichever is earlier. A consent executed under this paragraph is valid upon execution and may be withdrawn only if the court finds that it was obtained by fraud or under duress. The waiting period provided in this paragraph does not apply in any case in which the revocation period in paragraph (c) applies.

(c)  When the minor to be adopted is not placed pursuant to s. 63.052 upon the minor's release from a licensed hospital or birth center following birth, the consent to adoption may be executed at any time after the birth of the minor. While such consent is valid upon execution, it is subject to the 3-day revocation period under subsection (7) or may be revoked at any time prior to the placement of the minor with the prospective adoptive parents, whichever is later. If a consent has been executed, this subsection may not be construed to provide a birth parent with more than 3 days to revoke that consent once the child has been placed with the prospective adoptive parents. The revocation period provided in this paragraph does not apply in any case in which the waiting period in paragraph (b) applies.

(d)  The consent to adoption or the affidavit of nonpaternity must be signed in the presence of two witnesses and be acknowledged before a notary public who is not signing as one of the witnesses. The notary public must legibly note on the consent or the affidavit the date and time of execution. The witnesses' names must be typed or printed underneath their signatures. The witnesses' home or business addresses and social security numbers, driver's license numbers, or state identification card numbers must be included. The absence of a social security number, driver's license number, or state identification card number shall not invalidate the consent. The person who signs the consent or the affidavit has the right to have at least one of the witnesses be an individual who does not have an employment, professional, or personal relationship with the adoption entity or the prospective adoptive parents. The adoption entity must give reasonable notice to the person signing the consent or affidavit of the right to select a witness of his or her own choosing. The person who signs the consent or affidavit must acknowledge in writing on the consent or affidavit that such notice was given and indicate the witness, if any, who was selected by the person signing the consent or affidavit. The adoption entity must include its name, address, and telephone number on the consent to adoption or affidavit of nonpaternity.

(e)  A consent to adoption must contain, in at least 16-point boldfaced type, an acknowledgment of the parent's rights in substantially the following form:

YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR WITNESSES YOU SELECTED, IF ANY.

YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

1.  CONSULT WITH AN ATTORNEY;

2.  HOLD, CARE FOR, AND FEED THE CHILD;

3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;

4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; AND

5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.

IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID AND BINDING UNLESS WITHDRAWN AS PERMITTED BY LAW. IF YOU ARE GIVING UP YOUR RIGHTS TO A CHILD WHO IS TO BE PLACED FOR ADOPTION WITH IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE SIGNED THE CONSENT, IT IS VALID AND BINDING AND CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

IF YOU ARE GIVING UP YOUR RIGHTS TO A CHILD WHO IS NOT PLACED FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR BIRTH CENTER FOLLOWING BIRTH, YOU MAY SIGN THE CONSENT AT ANY TIME AFTER THE BIRTH OF THE CHILD. WHILE THE CONSENT IS VALID AND BINDING WHEN SIGNED, YOU HAVE TIME TO CHANGE YOUR MIND. THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR TO THE PLACEMENT OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS LATER.

TO WITHDRAW YOUR CONSENT DURING THE REVOCATION PERIOD, YOU MUST:

1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT YOU ARE WITHDRAWING YOUR CONSENT.

2.  MAIL THE LETTER AT A UNITED STATES POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS LATER. THE TERM "BUSINESS DAY" MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.

3.  SEND THE LETTER BY CERTIFIED UNITED STATES MAIL WITH RETURN RECEIPT REQUESTED.

4.  PAY POSTAL COSTS AT THE TIME YOU MAIL THE LETTER.

5.  KEEP THE CERTIFIED MAIL RECEIPT AS PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY MANNER.

TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY, IN WRITING BY CERTIFIED UNITED STATES MAIL, RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY YOU SHOULD NOTIFY IS:  (name of adoption entity) ,  (address of adoption entity) ,  (phone number of adoption entity) .

ONCE THE REVOCATION PERIOD IS OVER, OR THE CHILD HAS BEEN PLACED WITH THE PROSPECTIVE ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN PROVE IN COURT THAT CONSENT WAS OBTAINED BY FRAUD OR UNDER DURESS.

(5)  Before any consent to adoption or affidavit of nonpaternity is executed by a parent, but after the birth of the minor, all requirements of disclosure under s. 63.085 must be met.

(6)  A copy of each consent signed in an action for termination of parental rights pending adoption must be provided to the person who executed the consent to adoption. The copy must be hand delivered, with a written acknowledgment of receipt signed by the person whose consent is required, or mailed by first class United States mail to the address of record in the court file. If a copy of a consent cannot be provided as required in this subsection, the adoption entity must execute an affidavit stating why the copy of the consent is undeliverable. The original consent and acknowledgment of receipt, an acknowledgment of mailing by the adoption entity, or an affidavit stating why the copy of the consent is undeliverable must be filed with the petition for termination of parental rights pending adoption.

(7)(a)  A consent that is being withdrawn under paragraph (4)(c) may be withdrawn at any time prior to the minor's placement with the prospective adoptive parents or by notifying the adoption entity in writing by certified United States mail, return receipt requested, not later than 3 business days after execution of the consent or 1 business day after the date of the birth mother's discharge from a licensed hospital or birth center, whichever occurs later. As used in this subsection, the term "business day" means any day on which the United States Postal Service accepts certified mail for delivery.

(b)  Upon receiving written notice from a person of that person's desire to withdraw consent to adoption, the adoption entity must contact the prospective adoptive parent to arrange a time certain for the adoption entity to regain physical custody of the minor, unless, upon a motion for emergency hearing by the adoption entity, the court determines in written findings that placement of the minor with the person withdrawing consent may endanger the minor.

(c)  If the court finds that such placement may endanger the minor, the court must enter an order regarding continued placement of the minor. The order shall include, but not be limited to, whether temporary placement in foster care is appropriate, whether an investigation by the department is recommended, and whether a relative within the third degree is available for the temporary placement.

(d)  If the person withdrawing consent claims to be the father of the minor but has not been established to be the father by marriage, court order, or scientific testing, the court may order scientific paternity testing and reserve ruling on removal of the minor until the results of such testing have been filed with the court.

(e)  The adoption entity must return the minor within 3 days after notification of the withdrawal of consent or after the court determines that withdrawal is valid and binding upon consideration of an emergency motion, as filed pursuant to paragraph (b), to the physical custody of the person withdrawing consent.

(f)  Following the revocation period for withdrawal of consent described in paragraph (a), or the placement of the child with the prospective adoptive parents, whichever occurs later, consent may be withdrawn only when the court finds that the consent was obtained by fraud or under duress.

(g)  An affidavit of nonpaternity may be withdrawn only if the court finds that the affidavit was obtained by fraud or under duress.

History.--s. 8, ch. 73-159; s. 17, ch. 77-147; s. 2, ch. 78-190; s. 2, ch. 91-99; s. 7, ch. 92-96; s. 14, ch. 2001-3.