The Florida Senate

63.142  Hearing; judgment of adoption.--

(1)  APPEARANCE.--The petitioner and the person to be adopted shall appear at the hearing on the petition for adoption, unless:

(a)  The person is a minor under 12 years of age; or

(b)  The presence of either is excused by the court for good cause.

(2)  CONTINUANCE.--The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.

(3)  DISMISSAL.--

(a)  If the petition is dismissed, the court shall determine the person that is to have custody of the minor.

(b)  If the petition is dismissed, the court shall state with specificity the reasons for the dismissal.

(4)  JUDGMENT.--At the conclusion of the hearing, after the court determines that the date for a parent to file an appeal of a valid judgment terminating that parent's parental rights has passed and no appeal, pursuant to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered.

(a)  A judgment terminating parental rights pending adoption is voidable and any later judgment of adoption of that minor is voidable if, upon a motion to set aside of a parent, the court finds that any person knowingly gave false information that prevented the parent from timely making known his or her desire to assume parental responsibilities toward the minor or meeting the requirements under this chapter to exercise his or her parental rights. A motion under this paragraph must be filed with the court that entered the original judgment. The motion must be filed within a reasonable time, but not later than 2 years after the date the judgment terminating parental rights was entered.

(b)  Except upon good cause shown, no later than 30 days after the filing of a motion under this subsection, the court must conduct a preliminary hearing to determine what contact, if any, shall be permitted between a parent and the child pending resolution of the motion. Such contact shall be considered only if it is requested by a parent who has appeared at the hearing. If the court orders contact between a parent and child, the order must be issued in writing as expeditiously as possible and must state with specificity any provisions regarding contact with persons other than those with whom the child resides.

(c)  At the preliminary hearing, the court, upon the motion of any party or its own motion, may order scientific testing to determine the paternity of the minor if the person seeking to set aside the judgment is alleging to be the child's father and that fact has not previously been determined by legitimacy or scientific testing. The court may order supervised visitation with a person for whom scientific testing for paternity has been ordered. Such visitation shall be conditioned upon the filing of those test results with the court and such results establishing that person's paternity of the minor.

(d)  Except upon good cause shown, no later than 45 days after the preliminary hearing, the court must conduct a final hearing on the motion to set aside the judgment and issue its written order as expeditiously as possible thereafter.

History.--s. 14, ch. 73-159; s. 3, ch. 77-140; s. 26, ch. 2001-3.