House Bill 1873

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    Florida House of Representatives - 2000                HB 1873

        By Representatives Sanderson, Byrd, Sembler, Lacasa,
    Albright, Villalobos, Fuller, Starks, Bloom, Farkas,
    Maygarden, Sorensen, Barreiro, Hafner, Kyle, Kelly, Wallace
    and Hart



  1                      A bill to be entitled

  2         An act relating to adoption; amending s.

  3         63.022, F.S.; declaring additional legislative

  4         intent; amending s. 63.032, F.S.; providing

  5         definitions applicable to laws regulating

  6         adoptions; renumbering and amending s. 63.207,

  7         F.S., relating to out-of-state placement;

  8         amending s. 63.042, F.S.; providing who may not

  9         adopt; amending s. 63.052, F.S.; providing that

10         prospective adoptive parents become legal

11         custodians of a child pending finalization of

12         adoption; providing for removal of a child from

13         an unsuitable home; amending s. 63.062, F.S.;

14         prescribing certain obligations that must be

15         met by the father of a prospective adoptee in

16         order to preserve his right of consent in an

17         adoption; providing certain requirements with

18         respect to consent; creating s. 63.063, F.S.;

19         providing for notice of adoption proceedings;

20         creating s. 63.064, F.S.; providing for the

21         content of notice and service; creating s.

22         63.065, F.S.; providing termination of rights

23         hearing; creating s. 63.066, F.S.; providing

24         for the identity or location of a parent

25         unknown after filing of notice of adoption;

26         amending s. 63.072, F.S.; providing for waiver

27         of the requirement that the parent must consent

28         to the adoption of a child in certain

29         circumstances; amending s. 63.092, F.S.;

30         revising requirements of the preliminary home

31         study and for certain records checks; amending

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  1         s. 63.097, F.S.; requiring court approval of

  2         certain fees of agencies; amending s. 63.102,

  3         F.S.; providing for filing a petition for

  4         adoption in the county in which an adoption

  5         intermediary is located; amending s. 63.112,

  6         F.S.; requiring certain information to be made

  7         part of, or to accompany, an adoption petition;

  8         amending s. 63.125, F.S.; changing the time for

  9         filing the written report of a final home

10         investigation; amending s. 63.132, F.S.;

11         requiring agencies to file reports of

12         expenditures and receipts; amending s. 63.162,

13         F.S.; requiring intermediaries and agencies to

14         retain certain records and to provide notice

15         prior to closing of the location of said

16         records; amending s. 63.182, F.S.; revising

17         time period for appeal; amending s. 63.085,

18         F.S.; correcting a cross reference; amending s.

19         63.212, F.S.; prohibiting persons from

20         providing false or misleading information about

21         themselves when providing information for

22         completion of an adoption placement;

23         prohibiting birth parents from contracting

24         with, or accepting benefits from, more than one

25         agency or intermediary; providing penalties;

26         revising fees which intermediaries may charge;

27         correcting cross references; creating s.

28         63.215, F.S.; providing for preplanned adoption

29         arrangements; amending ss. 39.01, 984.03, and

30         985.03, F.S.; correcting cross references;

31         providing an effective date.

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 63.022, Florida Statutes, is

  4  amended to read:

  5         63.022  Legislative intent.--

  6         (1)  It is the intent of the Legislature to protect and

  7  promote the well-being of persons being adopted and their

  8  birth and adoptive parents and to provide to all children who

  9  can benefit by it a permanent family life, and, whenever

10  possible, to maintain sibling groups.

11         (2)  It is the intent of the Legislature that, in all

12  matters coming before the court pursuant to this chapter, the

13  court shall only enter such orders as protect and promote the

14  best interest of the adoptee.

15         (3)  It is the intent of the Legislature that closure

16  be achieved as quickly as possible in an adoptee's life by the

17  establishment of rights, interests, and obligations of all

18  parties and that uncertainty with regard to these rights,

19  interests, and duties be eliminated as soon as possible.

20         (4)  It is the intent of the Legislature that planning

21  for the future of the adoptee be facilitated and that the

22  adoptee, as soon as possible, be given a permanent status.

23         (5)  It is the intent of the Legislature to ensure the

24  integrity of adoption.

25         (6)  It is the intent of the Legislature that notice of

26  a proposed adoption of an infant be made at the earliest

27  possible time and, specifically, before the birth of the child

28  when possible.

29         (7)(2)  The basic safeguards intended to be provided by

30  this chapter act are that:

31

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  1         (a)  The child is legally free for adoption and said

  2  adoption is finalized by the court as expeditiously as

  3  possible.

  4         (b)  The required persons consent to the adoption or

  5  the parent-child relationship is terminated by judgment of the

  6  court as expeditiously as possible.

  7         (c)  The required social studies are completed and the

  8  court considers the reports of these studies prior to judgment

  9  on adoption petitions.

10         (d)  All placements of minors for adoption shall be are

11  reported to the court Department of Children and Family

12  Services through the filing of a Notice of Intent to Place.

13         (e)  A sufficient period of time elapses during which

14  the child has lived within the proposed adoptive home under

15  the guidance of the department, or a licensed child-placing

16  agency, or a licensed professional pursuant to s. 61.20(2).

17         (f)  All expenditures by intermediaries and agencies

18  placing, and persons independently adopting, a minor are

19  reported to the court and become a permanent record in the

20  file of the adoption proceedings.

21         (g)  Social and medical information concerning the

22  child and the birth parents is furnished by the birth parent

23  when available and filed with the consent to the adoption when

24  a minor is placed for adoption by an intermediary.

25         (h)  A new birth certificate is issued after entry of

26  the adoption judgment.

27         (i)  At the time of the hearing the court is authorized

28  to order temporary substitute care for the minor if when it

29  determines that the prospective adoptive home is unsuitable

30  pending formalization of the adoption minor is in an

31  unsuitable home.

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  1         (j)  The records of all proceedings concerning custody

  2  and adoption of children are confidential and exempt from the

  3  provisions of s. 119.07(1), except as provided in s. 63.162.

  4         (k)  Each birth parent, each adoptive parent The birth

  5  parent, the adoptive parent, and the child receive the same or

  6  similar safeguards, guidance, counseling, and supervision in

  7  all adoptive situations an intermediary adoption as they

  8  receive in an agency or department adoption.

  9         (l)  In all matters coming before the court pursuant to

10  this act, the court shall enter such orders as it deems

11  necessary and suitable to promote and protect the best

12  interests of the person to be adopted. All matters handled

13  pursuant to this chapter shall be handled as expeditiously as

14  possible.

15         (m)  Only Florida licensed agencies, intermediaries,

16  and the Department of Children and Family Services advertise

17  adoption services in the State of Florida In dependency cases

18  initiated by the department, where termination of parental

19  rights occurs, and siblings are separated despite diligent

20  efforts of the department, continuing postadoption

21  communication or contact among the siblings may be ordered by

22  the court if found to be in the best interests of the

23  children.

24         Section 2.  Section 63.032, Florida Statutes, is

25  amended to read:

26         (Substantial rewording of section.  See

27         s. 63.032, F.S., for present text.)

28         63.032  Definitions.--For the purposes of this chapter,

29  the term:

30         (1)  "Abandoned" means a situation in which the parent

31  or legal custodian of a child, while being able, makes no

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  1  provision for the child's support and makes no effort to

  2  communicate with the child, which situation is sufficient to

  3  evince a willful rejection of parental obligations. If, in the

  4  opinion of the court, the efforts of such parent or legal

  5  custodian to support and communicate with the child are only

  6  marginal efforts that do not evince a settled purpose to

  7  assume all parental duties, the court may declare the child to

  8  be abandoned. In making this decision, the court may consider

  9  the conduct of a father towards the child's mother during her

10  pregnancy. The incarceration of a parent, custodian, or person

11  responsible for the child's welfare does not constitute a bar

12  to a finding of abandonment.

13         (2)  "Adoption" means the act of creating the legal

14  relationship between parent and child where it did not exist,

15  thereby declaring the child to be legally the child of an

16  adoptive parent and his or her heir at law and entitled to all

17  the rights and privileges and subject to all the obligations

18  born to such adoptive parents.

19         (3)  "Adult" means a person who is not a minor.

20         (4)  "Agency" means any child-placing agency licensed

21  by the department pursuant to s. 63.202 to place minors for

22  adoption or a child-caring agency registered under s. 409.176.

23         (5)  "Best interest of the person to be adopted" means

24  that the adoption will protect and promote the health, safety,

25  physical, and psychological well-being of the prospective

26  adoptee. This consideration shall not include a comparison

27  between the attributes of the parents and those of any persons

28  providing a present or potential placement for the child. For

29  the purpose of determining the manifest best interests of the

30  child, the court shall consider and evaluate all relevant

31  factors, including, but not limited to:

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  1         (a)  The ability and disposition of the parent or

  2  parents to provide the child with food, clothing, medical

  3  care, or other remedial care recognized and permitted under

  4  state law instead of medical care and other material needs of

  5  the child.

  6         (b)  The capacity of the parent or parents to care for

  7  the child to the extent that the child's health and well-being

  8  will not be endangered upon the child's return home.

  9         (c)  The present mental and physical health needs of

10  the child and such future needs of the child to the extent

11  that such future needs can be ascertained based on the present

12  condition of the child.

13         (d)  The love, affection, and other emotional ties

14  existing between the child and the child's parent or parents,

15  siblings, and other relatives, and the degree of harm to the

16  child that would arise from the termination of parental rights

17  and duties.

18         (e)  The child's ability to form a significant

19  relationship with a parental substitute and the likelihood

20  that the child will enter into a more stable and permanent

21  family relationship as a result of permanent termination of

22  parental rights and duties.

23         (f)  The length of time that the child has lived in a

24  stable, satisfactory environment and the desirability of

25  maintaining continuity.

26         (g)  The depth of the relationship existing between the

27  child and the present custodian.

28         (h)  The reasonable preferences and wishes of the

29  child, if the court deems the child to be of sufficient

30  intelligence, understanding, and experience to express a

31  preference.

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  1         (i)  The recommendations for the child provided by the

  2  child's guardian, attorney ad litem, or legal representative.

  3         (6)  "Child" means a son or daughter, whether by birth

  4  or adoption.

  5         (7)  "Consent" means the voluntary surrender of

  6  parental rights or the powers of a guardian for the purpose of

  7  a minor adoption.

  8         (8)  "Court" means any circuit court of this state and,

  9  when the context requires, the court of any state that is

10  empowered to grant petitions for adoption.

11         (9)  "Department" means the Department of Children and

12  Family Services.

13         (10)  "Intermediary" means an attorney or physician who

14  is licensed or authorized to practice in this state or, for

15  the purpose of adoptive placements of children from out of

16  state with citizens of this state, a child-placing agency

17  licensed in another state that is qualified by the department.

18         (11)  "Minor" means a person under the age of 18 years.

19         (12)  "Person" includes a natural person, corporation,

20  government or governmental subdivision or agency, business

21  trust, estate, trust, partnership, or association, and any

22  other legal entity.

23         (13)  "Suitability of the intended placement" includes

24  the fitness of the intended placement, with primary

25  consideration being given to the best interest of the child;

26  the fitness and capabilities of the adoptive parent or parents

27  to function as parent or parents for a particular child; and

28  the compatibility of the child with the home in which the

29  child is intended to be placed.

30         (14)  "To place" or "placement" means the process of a

31  person placing the child for adoption, and the prospective

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  1  parents receiving and adopting the child, and includes all

  2  actions by any person or agency participating in the process

  3  in any manner whatsoever.

  4         Section 3.  Section 63.207, Florida Statutes, is

  5  renumbered as section 63.0323, Florida Statutes, and amended

  6  to read:

  7         63.0323 63.207  Out-of-state placement.--

  8         (1)  Unless the child is to be placed with a relative

  9  within the third degree or with a stepparent, no person except

10  an intermediary, an agency, or the department shall:

11         (a)  take or send a child out of the state for the

12  purpose of placement for adoption; or

13         (b)  Place or attempt to place a child for the purpose

14  of adoption with a family who primarily lives and works

15  outside Florida in another state.  An intermediary may place

16  or attempt to place a child for adoption in another state only

17  if the child is a special needs child as that term is defined

18  in s. 409.166.  If an intermediary is acting under this

19  subsection, the intermediary shall file a petition for

20  declaratory statement pursuant to s. 63.102 for prior approval

21  of fees and costs.  The court shall review the costs pursuant

22  to s. 63.097.  The petition for declaratory statement must be

23  converted to a petition for an adoption upon placement of the

24  child in the home. The circuit court in this state must retain

25  jurisdiction over the matter until the adoption becomes final.

26  The adoptive parents must come to this state to have the

27  adoption finalized.  Violation of the order subjects the

28  intermediary to contempt of court and to the penalties

29  provided in s. 63.212.

30         (2)  An agency or intermediary may not counsel a birth

31  mother to leave the state for the purpose of giving birth to a

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  1  child outside the state in order to secure a fee in excess of

  2  that permitted under s. 63.097 when it is the intention that

  3  the child is to be placed for adoption outside the state.

  4         (3)  When applicable, the Interstate Compact on the

  5  Placement of Children authorized in s. 409.401 shall be used

  6  in placing children outside the state for adoption.

  7         Section 4.  Section 63.042, Florida Statutes, is

  8  amended to read:

  9         63.042  Who may be adopted; who may adopt; who may not

10  adopt.--

11         (1)  Any person, a minor or an adult, may be adopted.

12         (2)  The following persons may adopt:

13         (a)  A husband and wife jointly;

14         (b)  An unmarried adult, including the birth parent of

15  the person to be adopted;

16         (c)  The unmarried minor birth parent of the person to

17  be adopted; or

18         (d)  A married person without the other spouse joining

19  as a petitioner, if the person to be adopted is not his or her

20  spouse, and if:

21         1.  The other spouse is a parent of the person to be

22  adopted and consents to the adoption; or

23         2.  The failure of the other spouse to join in the

24  petition or to consent to the adoption is excused by the court

25  for reason of prolonged unexplained absence, unavailability,

26  incapacity, or circumstances constituting an unreasonable

27  withholding of consent.

28         (3)  No person eligible to adopt under this statute may

29  adopt if that person is a homosexual.

30         (4)  No person eligible under this section shall be

31  prohibited from adopting solely because such person possesses

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  1  a physical disability or handicap, unless it is determined by

  2  the department, or the licensed child-placing agency or other

  3  home study provider referred to in s. 61.20(2) providing the

  4  home study, that such disability or handicap renders such

  5  person incapable of serving as an effective parent.

  6         (5)  A person who may otherwise be eligible to adopt a

  7  minor under this chapter may not adopt if that person is

  8  terminally ill, unless the court finds by clear and convincing

  9  evidence that it is not detrimental to the person to be

10  adopted to grant said adoption.

11         (6)  No prospective adoptive parent may obtain custody

12  of a child under this chapter if that person has been

13  convicted of child abuse or a felony involving violence

14  against a person. No prospective adoptive parent may obtain

15  custody of a child under this chapter if that person has been

16  convicted of domestic abuse unless that person has received

17  counseling related to the domestic abuse by a licensed mental

18  health professional, a minimum 5-year period has passed since

19  such conviction, and the court finds that it is not

20  detrimental to the person to be adopted to grant said

21  adoption.

22         (7)  No prospective adoptive parent may obtain custody

23  of a child under this chapter unless the court determines that

24  it is in the best interest of the child.

25         Section 5.  Subsection (1) of section 63.052, Florida

26  Statutes, is amended to read:

27         63.052  Guardians designated; proof of commitment.--

28         (1)  For minors who have been placed for adoption with

29  and permanently committed to an agency, the agency shall be

30  the guardian of the person of the child; for those who have

31  been placed for adoption with and permanently committed to the

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  1  department, the department shall be the guardian of the person

  2  of the child.  For minors who have been voluntarily

  3  surrendered to an intermediary through an execution of consent

  4  to adoption, the intermediary shall be responsible for the

  5  child until the time a court orders preliminary approval of

  6  placement of the child in the prospective adoptive home, at

  7  which time the prospective adoptive parents become the legal

  8  custodians guardians pending finalization of adoption. This

  9  custody is subject to the continued suitability of the home.

10  The adoptee may be removed at any time and the adoption

11  dismissed before the finalization of adoption upon the order

12  of the court for good cause shown.

13         Section 6.  Section 63.062, Florida Statutes, is

14  amended to read:

15         63.062  Persons required to consent to adoption.--

16         (1)(a)  Unless consent is excused by the court, a

17  petition to adopt a minor may be granted only if written

18  consent has been executed after the birth of the minor by:

19         1.(a)  The mother of the minor.

20         2.(b)  The father of the minor, if:

21         a.1.  The minor was conceived or born while the father

22  was married to the mother and is the biological father of the

23  child.

24         b.2.  The minor is his child by adoption.

25         c.3.  The minor has been established by court

26  proceeding to be his child.

27         d.4.  He has filed a petition to establish paternity

28  pursuant to chapter 742 prior to the filing of the petition

29  for adoption; or has responded to a notice of adoption

30  pursuant to s. 63.064; or he has acknowledged in writing,

31  signed in the presence of a competent witness, that he is the

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  1  father of the minor and has filed such acknowledgment with the

  2  Office of Vital Statistics of the Department of Health prior

  3  to the filing of the petition for adoption.

  4         e.5.  He has provided the minor, and the minor's mother

  5  during pregnancy child with support in a repetitive, customary

  6  manner, taking into consideration the needs of the mother and

  7  the financial ability of the father.

  8         3.(c)  The minor, if more than 12 years of age, unless

  9  the court in the best interest of the minor dispenses with the

10  minor's consent.

11         (b)  The consent shall contain language, indicating

12  that the parents have the following rights:

13         1.  To consult with and obtain the advice of an

14  attorney;

15         2.  To hold, care for, and feed the child absent other

16  legal bar or prohibition;

17         3.  To place the child in foster care or family care

18  absent other legal bar or prohibition;

19         4.  To take the child home absent other legal bar or

20  prohibition; and

21         5.  To know what community resources are available

22  should they not go through with the adoption.

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

24         (a)  Any person lawfully entitled to custody of the

25  minor; or

26         (b)  The court having jurisdiction to determine custody

27  of the minor, if the person having physical custody of the

28  minor has no authority to consent to the adoption.

29         (3)(a)  The petitioner or the agency or intermediary

30  acting on behalf of the petitioner must make good faith and

31  diligent efforts to notify, and obtain written consent from,

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  1  the persons required to consent to adoption within 30 60 days

  2  after filing the petition for adoption.  These efforts must at

  3  a minimum may include conducting interviews and record

  4  searches to locate those persons, including verifying

  5  information related to location of residence, employment,

  6  service in the Armed Forces, vehicle registration in this

  7  state, and corrections records. If said good faith and

  8  diligent efforts by the petitioner or the agency or

  9  intermediary acting on behalf of the petitioner do not locate

10  additional parties whose consent to the adoption may be

11  required, and no additional parties come forward and

12  acknowledge paternity and gain standing to challenge the

13  adoption and service of process and notice pursuant to the

14  rules of civil procedure have been given, the court shall

15  terminate the unknown party's interest and allow the adoption

16  to proceed to finalization.  If the party appears after the

17  finalization of the adoption, the adoption order shall remain

18  enforceable, provided that the notice was given and the rules

19  of civil procedure have been complied with.

20         (b)  Efforts to notify identifiable but not locatable

21  individuals as described in paragraph (a) may include

22  conducting interviews and searching records to locate such

23  persons.  An affidavit of diligent search and inquiry shall

24  provide that inquiry was made with reference to the following

25  records in order to identify the present whereabouts of such

26  persons:

27         1.  Local telephone directory or directory assistance;

28         2.  United States Post Office;

29         3.  Department of Highway Safety and Motor Vehicles;

30         4.  Utility companies;

31         5.  Friends and family;

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  1         6.  Law enforcement agencies, including any sheriff or

  2  police departments, or other appropriate county or municipal

  3  officer;

  4         7.  Public records, including those provided by the

  5  clerk of circuit court and the tax collector;

  6         8.  Office of Vital Statistics;

  7         9.  Past employers, unions, and regulatory agencies;

  8         10.  Hospitals;

  9         11.  Military records; and

10         12.  A background search performed by the department,

11  if the child was initially taken into custody by the

12  department.

13         (4)  If parental rights to the minor have previously

14  been terminated, a licensed child-placing agency or the

15  department with which the child has been placed for subsequent

16  adoption may provide consent to the adoption.  In such case,

17  no other consent is required.

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

19         (a)  Written consent to adoption has been executed by

20  the adult and the adult's spouse, if any.

21         (b)  Written consent to adoption has been executed by

22  the birth parents, if any, or proof of service of process has

23  been filed, showing notice has been served on the parents as

24  provided in this section.

25         Section 7.  Section 63.063, Florida Statutes, is

26  created to read:

27         63.063  Notice of adoption.--Notice shall be provided

28  to:

29         (1)  Any person whose consent to the adoption is

30  required by this chapter who has not consented.

31

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  1         (2)  The mother of the minor, unless her parental

  2  rights have been terminated or she has executed a voluntary

  3  consent which contains a written waiver of notice of the

  4  adoption proceedings.

  5         (3)  Any man, who:

  6         (a)  Is or has been married to the mother of the minor

  7  and the child was conceived or born during the marriage and he

  8  is the biological father of the child or has filed a paternity

  9  action pursuant to s. 742.091;

10         (b)  Adopted the minor;

11         (c)  Has been established by court proceeding to be the

12  father of the child; or

13         (d)  Is or has been identified by scientific testing or

14  by the biological mother as the biological father and has

15  provided the minor and the minor's mother during pregnancy

16  with support in a repetitious, customary manner taking into

17  consideration the needs of the mother and child.

18         (4)  Any party who is attempting to revoke a consent on

19  the ground that it was obtained by fraud or duress.

20         (5)  Any individual who is named by the biological

21  mother as the biological father of the adoptee or who the

22  biological mother has reason to believe may be the biological

23  father of the adoptee and who is identified as such to the

24  adoption professional handling the adoption or who is named as

25  the father on the adoptee's birth certificate.

26         (6)  Any grandparent entitled to priority for adoption

27  under s. 63.0425.

28         Section 8.  Section 63.064, Florida Statutes, is

29  created to read:

30

31

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  1         63.064  Content of notice; service.--A notice required

  2  by s. 63.063 shall be given as soon as possible to any

  3  interested party:

  4         (1)  Before, if possible, or after the birth of the

  5  child, by the agency or intermediary, or by the Department of

  6  Children and Family Services the interested party shall be

  7  notified that the birth mother is considering an adoptive

  8  placement for the child.

  9         (2)  Consent of the biological father shall be implied

10  if:

11         (a)  The biological father fails to provide support;

12         (b)  The biological father fails to respond to the

13  notice of adoption; or

14         (c)  The biological father fails to acknowledge

15  paternity pursuant to chapter 742.

16         (3)  Notice of adoption must be given pursuant to the

17  rules of civil procedure.  The notice shall be in

18  substantially the following form:

19

20                        NOTICE OF ADOPTION

21  (Name of interested party)           is hereby notified that

22  an intent to adopt a child born to or expected to be born to

23  (name of biological mother)      on      (estimated date of

24  delivery)    , has been filed in the office of the Clerk of

25  the Court of County  State  Date        

26  Address                               

27  Telephone #           

28  Case #                

29         If you wish to contest this adoption, you must file a

30  written motion objecting to the adoption with the clerk of the

31  above-named court within 20 days of your receipt of this

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  1  notice. If you do not file a written motion to contest the

  2  adoption after service of this notice, the above-named court

  3  will hear and determine the Petition for Adoption and your

  4  consent will be irrevocably implied and your parental rights

  5  will be terminated by the court.

  6

  7  FAILURE TO RESPOND TO THIS NOTICE SHALL CONSTITUTE CONSENT TO

  8  THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN)

  9

10                                                                

11                                 Petitioner's Attorney

12

13                                                                

14            Petitioner's Attorney's Address and telephone number

15

16         (4)  The notice as set forth in this section may be

17  waived in writing before or after the birth of the child by

18  any interested party.

19         (5)  The notice under this section shall be served as

20  prescribed by the rules of civil procedure and service of

21  process must be made as specified by law or civil actions.

22         (6)  If a person required to be served with notice as

23  prescribed in paragraph (5) cannot be served, notice of

24  adoption must be given as prescribed by the rules of civil

25  procedure, and service of process must be made as specified by

26  law or civil actions.

27         (7)  The birth parents shall have an obligation to

28  provide to the intermediary or agency an address and, if

29  available, a telephone number where they can be reached and

30  shall have a continuing responsibilty to provide a change of

31  address and telephone number within 10 days of the change to

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  1  the intermediary or agency, until a final judgment of adoption

  2  is entered. Failure to provide an adequate address for service

  3  is a defense to an objection to the adoption claiming notice

  4  was not provided.

  5         Section 9.  Section 63.065, Florida Statutes, is

  6  created to read:

  7         63.065  Termination of rights hearing.--Before the

  8  court may terminate parental rights, in addition to the other

  9  requirements set forth in this part, the court shall conduct a

10  hearing to determine the rights of interested parties as soon

11  as possible.

12         (1)  Notice of the date, time, and place of the hearing

13  must be sent to anyone responding to the notice of adoption in

14  s. 63.064.

15         (2)  The time set for this hearing shall be after the

16  birth of the child.

17

18  The document containing the notice to respond or appear must

19  contain, in type at least as large as the balance of the

20  document, the following or substantially similar language:

21  "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THIS

22  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

23  RIGHTS OF THIS CHILD (OR THESE CHILDREN)."

24         (3)  Notice as prescribed by this section may be

25  waived, in the discretion of the judge, with regard to any

26  person to whom notice must be given under this subsection if

27  the person executes, before two witnesses and a notary public

28  or other officer authorized to take acknowledgments, a written

29  consent to the adoption of the child to an intermediary,

30  licensed child-placing agency, or the department.

31

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  1         (4)  If the person served with notice under this

  2  section fails to respond to the notice of adoption or appear

  3  at the hearing, the failure to respond or appear shall

  4  constitute consent for termination of parental rights by the

  5  person given notice.

  6         Section 10.  Section 63.066, Florida Statutes, is

  7  created to read:

  8         63.066  Identity or location of parent unknown after

  9  filing of notice of adoption.--

10         (1)  If the identity or location of a parent is unknown

11  and a notice of adoption is filed, the court shall conduct the

12  following inquiry:

13         (a)  Whether the mother of the child was married at the

14  probable time of conception of the child or at the time of

15  birth of the child.

16         (b)  Whether the mother was cohabiting with a male at

17  the probable time of conception of the child.

18         (c)  Whether the mother has received payments or

19  promises of support with respect to the child or because of

20  her pregnancy from a man who claims to be the father.

21         (d)  Whether the mother has named any man as the father

22  on the birth certificate of the child or in connection with

23  applying for or receiving public assistance.

24         (e)  Whether any man has acknowledged or claimed

25  paternity of the child in a jurisdiction in which the mother

26  resided at the time of or since conception of the child, or in

27  which the child has resided or resides.

28         (2)  The information required in subsection (1) may be

29  supplied to the court in the form of a sworn affidavit by a

30  person having personal knowledge of the facts.

31

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  1         (3)  If the inquiry under subsection (1) identifies any

  2  person as a parent or prospective parent, the court shall

  3  require notice of the hearing to be provided to that person.

  4         (4)  If the inquiry under subsection (1) fails to

  5  identify any person as a parent or prospective parent, the

  6  court shall so find and may proceed without further notice.

  7         (5)  If the inquiry under subsection (1) identifies a

  8  parent or prospective parent, and that person's location is

  9  unknown, the court shall direct a diligent search be performed

10  for that person before scheduling a hearing to terminate

11  rights.

12         Section 11.  Section 63.072, Florida Statutes, is

13  amended to read:

14         63.072  Persons whose consent to an adoption may be

15  waived.--The court may excuse the consent of the following

16  individuals to an adoption:

17         (1)  A parent who has deserted a child without

18  affording means of identification or who has abandoned a child

19  and has not complied with s. 63.064.;

20         (2)  A parent who has failed to acknowledge paternity

21  pursuant to chapter 742 after the notice of adoption is served

22  upon him, so long as the notice provisions of s. 63.063 have

23  been met.

24         (3)  A parent who has not provided the minor and the

25  minor's mother during pregnancy with support in a repetitive,

26  customary manner.  The court may consider the lack of

27  emotional and financial support in making this determination.

28         (4)  A parent that the court determines to be unfit to

29  take custody of a child.  A history of domestic violence or

30  child abuse shall be a rebuttable presumption of unfitness.

31

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  1         (5)(2)  A parent whose parental rights have been

  2  terminated by order of a court of competent jurisdiction.;

  3         (6)  A parent who is incarcerated in a state or federal

  4  correctional institution and either:

  5         (a)  The period of time for which the parent is

  6  expected to be incarcerated will constitute a substantial

  7  portion of the period of time before the child will attain the

  8  age of 18 years;

  9         (b)  The incarcerated parent has been determined by the

10  court to be a violent career criminal as defined in s.

11  775.084, a habitual violent felony offender as defined in s.

12  775.084, or a sexual predator as defined in s. 775.21; has

13  been convicted of first degree or second degree murder in

14  violation of s. 782.04 or a sexual battery that constitutes a

15  capital, life, or first degree felony violation of s. 794.011;

16  or has been convicted of an offense in another jurisdiction

17  which is substantially similar to one of the offenses listed

18  in this paragraph.  As used in this section, the term

19  "substantially similar offense" means any offense that is

20  substantially similar in elements and penalties to one of

21  those listed in this paragraph, and that is in violation of a

22  law of any other jurisdiction, whether that of another state,

23  the District of Columbia, the United States or any possession

24  or territory thereof, or any foreign jurisdiction; or

25         (c)  The court determines by clear and convincing

26  evidence that continuing the parental relationship with the

27  incarcerated parent would be harmful to the child and, for

28  this reason, that termination of the parental rights of the

29  incarcerated parent is in the best interest of the child.

30         (7)(3)  A parent judicially declared incompetent for

31  whom restoration of competency is medically improbable.;

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  1         (8)(4)  A legal guardian or lawful custodian of the

  2  person to be adopted, other than a parent, who has failed to

  3  respond in writing to a request for consent for a period of 30

  4  60 days or who, after examination of his or her written

  5  reasons for withholding consent, is found by the court to be

  6  withholding his or her consent unreasonably.; or

  7         (9)(5)  The spouse of the person to be adopted, if the

  8  failure of the spouse to consent to the adoption is excused by

  9  reason of prolonged, unexplained absence, unavailability,

10  incapacity, or circumstances that are found by the court to

11  constitute unreasonable withholding of consent.

12         Section 12.  Section 63.092, Florida Statutes, is

13  amended to read:

14         63.092  Report to the court of intended placement by an

15  intermediary; preliminary study.--

16         (1)  REPORT TO THE COURT.--The intermediary must report

17  any intended placement of a minor for adoption with any person

18  not related within the third degree or a stepparent if the

19  intermediary has knowledge of, or participates in, such

20  intended placement.  The report must be made to the court

21  before the minor is placed in the home.

22         (2)  PRELIMINARY HOME STUDY.--Before placing the minor

23  in the intended adoptive home, a preliminary home study must

24  be performed by a licensed child-placing agency, a licensed

25  professional, or agency described in s. 61.20(2), unless the

26  petitioner is a stepparent, a spouse of the birth parent, or a

27  biological relative, or relatives that would be biological

28  relatives, but for the fact that they were adopted.  The

29  preliminary study shall be completed within 30 days after the

30  receipt by the court of the intermediary's report, but in no

31  event may the child be placed in the prospective adoptive home

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  1  prior to the completion of the preliminary study unless

  2  ordered by the court.  If the petitioner is a stepparent, a

  3  spouse of the birth parent, or a biological relative, or

  4  relatives that would be biological relatives, but for the fact

  5  that they were adopted, the preliminary home study may be

  6  required by the court for good cause shown.  The department is

  7  required to perform the preliminary home study only if there

  8  is no licensed child-placing agency, licensed professional, or

  9  agency described in s. 61.20(2), in the county where the

10  prospective adoptive parents reside. The preliminary home

11  study must be made to determine the suitability of the

12  intended adoptive parents and may be completed prior to

13  identification of a prospective adoptive child.  A favorable

14  preliminary home study is valid for 1 year after the date of

15  its completion.  A child must not be placed in an intended

16  adoptive home before a favorable preliminary home study is

17  completed unless the adoptive home is also a licensed foster

18  home under s. 409.175.  The preliminary home study must

19  include, at a minimum:

20         (a)  An interview with the intended adoptive parents;

21         (b)  Records checks of the department's central abuse

22  registry and national, state, and local criminal, and incident

23  reports, abuse records correspondence checks pursuant to s.

24  435.045 through the Department of Law Enforcement on the

25  intended adoptive parents.  If adoptive parents have not

26  resided in this state for a period of 1 year prior to the

27  filing of the petition for adoption, and are now residents of

28  Florida, a background check is to be performed in the state of

29  their last residence;

30         (c)  An assessment of the physical environment of the

31  home;

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  1         (d)  An assessment of the physical health of the

  2  adoptive applicants including, but not limited to, human

  3  immunodeficiency virus testing;

  4         (e)(d)  A determination of the financial security of

  5  the intended adoptive parents;

  6         (f)(e)  Documentation of counseling and education of

  7  the intended adoptive parents on adoptive parenting;

  8         (g)(f)  Documentation that information on adoption and

  9  the adoption process has been provided to the intended

10  adoptive parents;

11         (h)(g)  Documentation that information on support

12  services available in the community has been provided to the

13  intended adoptive parents;

14         (i)(h)  A copy of the signed statement required by s.

15  63.085; and

16         (j)(i)  A copy of the written acknowledgment required

17  by s. 63.085(1);

18         (k)  An interview conducted by a professional as

19  indicated in s. 61.10(2) with the biological parents, when

20  possible, and documentation of that interview. The interview

21  may be conducted by a professional other than the particular

22  professional conducting the preliminary home study. A

23  biological parent's refusal to be interviewed shall not impede

24  the adoption; and

25         (l)  A statement signed by the mother and father when

26  possible that they understand the finality of their consent to

27  the adoption and that the consent is given freely and

28  voluntarily and without coercion or duress from any person.

29

30  If the preliminary home study is favorable, a minor may be

31  placed in the home pending entry of the judgment of adoption.

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  1  A minor may not be placed in the home if the preliminary home

  2  study is unfavorable.  If the preliminary home study is

  3  unfavorable, the intermediary or petitioner may, within 20

  4  days after receipt of a copy of the written recommendation,

  5  petition the court to determine the suitability of the

  6  intended adoptive home.  A determination as to suitability

  7  under this subsection does not act as a presumption of

  8  suitability at the final hearing.  In determining the

  9  continued suitability of the intended adoptive home for

10  permanent placement, the court must consider the totality of

11  the circumstances in the home.

12         Section 13.  Subsection (1) of section 63.097, Florida

13  Statutes, is amended to read:

14         63.097  Fees.--

15         (1)  APPROVAL OF FEES TO AGENCIES OR

16  INTERMEDIARIES.--Any fee over $2,000 $1,000 and those costs as

17  set out in s. 63.212(1)(d) over $3,000 $2,500, paid to an

18  agency or intermediary other than actual, documented medical

19  costs, court costs, and hospital costs must be approved by the

20  court prior to assessment of the fee by the agency or

21  intermediary and upon a showing of justification for the

22  larger fee.

23         Section 14.  Subsection (2) of section 63.102, Florida

24  Statutes, is amended to read:

25         63.102  Filing of petition; venue; proceeding for

26  approval of fees and costs.--

27         (2)  A petition for adoption or for a declaratory

28  statement as to the adoption contract shall be filed in the

29  county where the petitioner or petitioners or the child

30  resides or where the agency or intermediary through in which

31  the child has been or will be placed principally conducts its

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  1  business. A petition for adoption shall be filed within 30

  2  days after placement is located.

  3         Section 15.  Subsections (1) and (2) of section 63.112,

  4  Florida Statutes, are amended to read:

  5         63.112  Petition for adoption; description; report or

  6  recommendation, exceptions; mailing.--

  7         (1)  A sufficient number of copies of the petition for

  8  adoption shall be signed and verified by the petitioner and

  9  filed with the clerk of the court so that service may be made

10  under subsection (4) and shall state:

11         (a)  The date and place of birth of the person to be

12  adopted, if known;

13         (b)  The name to be given to the person to be adopted;

14         (c)  The date petitioner acquired custody of the minor

15  and the name of the person placing the minor;

16         (d)  The full name, age, and place and duration of

17  residence of the petitioner;

18         (e)  The marital status of the petitioner, including

19  the date and place of marriage, if married, and divorces, if

20  any;

21         (f)  The facilities and resources of the petitioner,

22  including those under a subsidy agreement, available to

23  provide for the care of the minor to be adopted;

24         (g)  A description and estimate of the value of any

25  property of the person to be adopted;

26         (h)  The name and address, if known, of any person

27  whose consent to the adoption is required, but who has not

28  consented, and facts or circumstances that excuse the lack of

29  consent; and

30         (i)  The reasons why the petitioner desires to adopt

31  the person; and

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  1         (j)  If the child was born out of the state or the

  2  adoptive couple resides outside the state, that the adoption

  3  will be in compliance with s. 409.401.

  4         (2)  The following documents are required to be filed

  5  with the clerk of the court at or prior to the time the

  6  petition is filed:

  7         (a)  Any The required consents or disclaimer of

  8  parental rights that have been executed, unless consent is

  9  excused by the court.

10         (b)  The favorable preliminary home study of the

11  department, licensed child-placing agency, or professional

12  pursuant to s. 63.092, as to the suitability of the home in

13  which the minor has been placed.

14         (c)  An affidavit from the birth parent stating that

15  the federal Indian Child Welfare Act, 25 U.S.C. ss. 1901 et

16  seq., is not applicable to the adoption and whether the child

17  qualifies as a Native American.

18         (d)(c)  The surrender document must include

19  Documentation that interviews were held with:

20         1.  The birth mother, if parental rights have not been

21  terminated unless she refuses the interview, and the

22  department, child-placing agency, or professional pursuant to

23  s. 63.092 files an affidavit declaring, it was offered and

24  refused;

25         2.  The birth father, if he can be located, if his

26  consent to the adoption is required and parental rights have

27  not been terminated; and

28         3.  The child, if older than 12 years of age, unless

29  the court, in the best interest of the child, dispenses with

30  the child's consent under s. 63.062(1)(a)3(c).

31

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  1  The court may waive the requirement for an interview with the

  2  birth mother or birth father in the investigation for good

  3  cause shown.

  4         Section 16.  Subsection (2) of section 63.125, Florida

  5  Statutes, is amended to read:

  6         63.125  Final home investigation.--

  7         (2)  The department, the licensed child-placing agency,

  8  or the professional that performs the investigation must file

  9  a written report of the investigation with the court and the

10  petitioner within 90 days after placement in the adoptive home

11  the date the petition is filed.

12         Section 17.  Subsection (1) of section 63.132, Florida

13  Statutes, is amended to read:

14         63.132  Report of expenditures and receipts.--

15         (1)  At least 10 days before the hearing on the

16  petition for adoption, the petitioner and any intermediary or

17  agency must file two copies of an affidavit containing a full

18  accounting of all disbursements and receipts of anything of

19  value, including professional fees, made or agreed to be made

20  by or on behalf of the petitioner and any intermediary or

21  agency in connection with the adoption.  The clerk of the

22  court shall forward a copy of the affidavit to the department.

23  The report must show any expenses or receipts incurred in

24  connection with:

25         (a)  The birth of the minor.

26         (b)  The placement of the minor with the petitioner.

27         (c)  The medical or hospital care received by the

28  biological mother or by the minor during the mother's prenatal

29  care and confinement.

30

31

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  1         (d)  The living expenses of the birth mother.  The

  2  living expenses must be documented in detail to apprise the

  3  court of the exact expenses incurred.

  4         (e)  The services relating to the adoption or to the

  5  placement of the minor for adoption that were received by or

  6  on behalf of the petitioner, the intermediary, either

  7  biological natural parent, the minor, or any other person.

  8         Section 18.  Subsections (2), (3), (4), (5), (6), and

  9  (7) of section 63.162, Florida Statutes, are renumbered as

10  subsections (4), (5), (6), (7), (8), and (9), respectively,

11  and new subsections (2) and (3) are added to said section to

12  read:

13         63.162  Hearings and records in adoption proceedings;

14  confidential nature.--

15         (2)  All intermediary and agency files, records, and

16  papers pertaining to the adoption of a minor shall be

17  permanently retained by the intermediary or agency.

18         (3)  The intermediary or agency, prior to the closure

19  of its office or agency, shall notify the department, in

20  writing, at least 30 days prior to closing, as to the location

21  of said files, records, and papers.

22         Section 19.  Section 63.182, Florida Statutes, is

23  amended to read:

24         63.182  Appeal and validation of judgment.--After 3

25  months 1 year from the entry of a judgment of adoption, any

26  irregularity or procedural defect in the proceedings is cured,

27  and the validity of the judgment shall not be subject to

28  direct or collateral attack because of any irregularity or

29  procedural defect. Any defect or irregularity of, or objection

30  to, a consent that could have been cured had it been made

31

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  1  during the proceedings shall not be questioned after the time

  2  for taking an appeal has expired.

  3         Section 20.  Paragraph (e) of subsection (1) of section

  4  63.085, Florida Statutes, is amended to read:

  5         63.085  Disclosure by intermediary.--

  6         (1)  An intermediary or agency placing a child for

  7  adoption must disclose the following circumstances to persons

  8  seeking to adopt a child being placed for adoption by the

  9  intermediary:

10         (e)  That, pursuant to s. 63.182, for a period of 3

11  months 1 year from the entry of a judgment of adoption, any

12  irregularity or procedural defect in the adoption proceeding

13  may be the subject of an appeal contesting the validity of the

14  judgment.

15         Section 21.  Section 63.212, Florida Statutes, is

16  amended to read:

17         63.212  Prohibited acts; penalties for violation.--

18         (1)  It is unlawful for any person:

19         (a)  Except the department, an intermediary, or an

20  agency, to place or attempt to place a child for adoption with

21  a person or persons who primarily live and work lives and

22  works outside this state, unless the child is placed with a

23  relative within the third degree, or with a stepparent, or

24  unless the adoption is filed and finalized in the State of

25  Florida. An intermediary may place or attempt to place a

26  special needs child for adoption with a person who primarily

27  lives and works outside this state only if the intermediary

28  has a declaratory statement from the court establishing the

29  fees to be paid.  This requirement does not apply if the child

30  is placed with a relative within the third degree or with a

31  stepparent.

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  1         (b)  Except the department, an intermediary, or an

  2  agency, to place or attempt to place a child for adoption with

  3  a family whose primary residence and place of employment is in

  4  another state unless the child is placed with a relative

  5  within the third degree or with a stepparent.  An intermediary

  6  may place or attempt to place a special needs child for

  7  adoption with a family whose primary residence and place of

  8  employment is in another state only if the intermediary has a

  9  declaratory statement from the court establishing the fees to

10  be paid.  This requirement does not apply if the child is

11  placed with a relative within the third degree or with a

12  stepparent.

13         (b)(c)  Except the Department of Children and Family

14  Services, an agency, or an intermediary, to place or attempt

15  to place within the state a child for adoption unless the

16  child is placed with a relative within the third degree or

17  with a stepparent.  This prohibition, however, does not apply

18  to a person who is placing or attempting to place a child for

19  the purpose of adoption with the Department of Children and

20  Family Services or an agency or through an intermediary.

21         (c)(d)  To sell or surrender, or to arrange for the

22  sale or surrender of, a child to another person for money or

23  anything of value or to receive such minor child for such

24  payment or thing of value.  If a child is being adopted by a

25  relative within the third degree or by a stepparent, or is

26  being adopted through the Department of Children and Family

27  Services, an agency, or an intermediary, nothing herein shall

28  be construed as prohibiting the person who is contemplating

29  adopting the child from paying the actual prenatal care and

30  living expenses of the mother of the child to be adopted, nor

31  from paying the actual living and medical expenses of such

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  1  mother for a reasonable time, not to exceed 6 weeks, if

  2  medical needs require such support, after the birth of the

  3  child.

  4         (d)(e)  Having the rights and duties of a parent with

  5  respect to the care and custody of a minor to assign or

  6  transfer such parental rights for the purpose of, incidental

  7  to, or otherwise connected with, selling or offering to sell

  8  such rights and duties.

  9         (e)(f)  To assist in the commission of any act

10  prohibited in paragraph (a), paragraph (b), paragraph (c), or

11  paragraph (d), or paragraph (e).

12         (f)(g)  Except the Department of Children and Family

13  Services, an intermediary, or an agency, to charge or accept

14  any fee or compensation of any nature from anyone for making a

15  referral or participating in the identification of a birth

16  parent, prospective adoptive child, or adoptive parent in

17  connection with an adoption.

18         (g)(h)  Except the Department of Children and Family

19  Services, an agency, or an intermediary, to advertise or offer

20  to the public, in any way, by any medium whatever that a child

21  is available for adoption or that a child is sought for

22  adoption; and further, it is unlawful for any person to

23  publish or broadcast any such advertisement without including

24  a Florida license number of the agency, attorney, or physician

25  placing the advertisement. The person or entity accepting the

26  advertisement for publication or broadcast has an affirmative

27  duty to require the Florida license number and, if the

28  validity of that license is challenged, to require proof

29  thereof.

30

31

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  1         (h)  To provide to any agency or intermediary

  2  untruthful or misleading information when providing necessary

  3  information for the completion of an adoptive placement.

  4         (i)  To contract as a birth parent with an agency or

  5  intermediary or accept benefits from an agency or intermediary

  6  and to contract with or simultaneously accept benefits from

  7  another agency or intermediary without providing the first

  8  agency or intermediary with written notice of intention to

  9  withdraw from the contract or agreement to place.

10         (j)(i)  To contract for the purchase, sale, or transfer

11  of custody or parental rights in connection with any child, or

12  in connection with any fetus yet unborn, or in connection with

13  any fetus identified in any way but not yet conceived, in

14  return for any valuable consideration.  Any such contract is

15  void and unenforceable as against the public policy of this

16  state.  However, fees, costs, and other incidental payments

17  made in accordance with statutory provisions for adoption,

18  foster care, and child welfare are permitted, and a person may

19  agree to pay expenses in connection with a preplanned adoption

20  agreement as specified in s. 63.215 below, but the payment of

21  such expenses may not be conditioned upon the transfer of

22  parental rights.  Each petition for adoption which is filed in

23  connection with a preplanned adoption agreement must clearly

24  identify the adoption as a preplanned adoption arrangement and

25  must include a copy of the preplanned adoption agreement for

26  review by the court.

27         1.  Individuals may enter into a preplanned adoption

28  arrangement as specified herein, but such arrangement shall

29  not in any way:

30         a.  Effect final transfer of custody of a child or

31  final adoption of a child, without review and approval of the

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  1  department and the court, and without compliance with other

  2  applicable provisions of law.

  3         b.  Constitute consent of a mother to place her child

  4  for adoption until 7 days following birth, and unless the

  5  court making the custody determination or approving the

  6  adoption determines that the mother was aware of her right to

  7  rescind within the 7-day period following birth but chose not

  8  to rescind such consent.

  9         2.  A preplanned adoption arrangement shall be based

10  upon a preplanned adoption agreement which shall include, but

11  need not be limited to, the following terms:

12         a.  That the volunteer mother agrees to become pregnant

13  by the fertility technique specified in the agreement, to bear

14  the child, and to terminate any parental rights and

15  responsibilities to the child she might have through a written

16  consent executed at the same time as the preplanned adoption

17  agreement, subject to a right of rescission by the volunteer

18  mother any time within 7 days after the birth of the child.

19         b.  That the volunteer mother agrees to submit to

20  reasonable medical evaluation and treatment and to adhere to

21  reasonable medical instructions about her prenatal health.

22         c.  That the volunteer mother acknowledges that she is

23  aware that she will assume parental rights and

24  responsibilities for the child born to her as otherwise

25  provided by law for a mother, if the intended father and

26  intended mother terminate the agreement before final transfer

27  of custody is completed, or if a court determines that a

28  parent clearly specified by the preplanned adoption agreement

29  to be the biological parent is not the biological parent, or

30  if the preplanned adoption is not approved by the court

31  pursuant to the Florida Adoption Act.

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  1         d.  That an intended father who is also the biological

  2  father acknowledges that he is aware that he will assume

  3  parental rights and responsibilities for the child as

  4  otherwise provided by law for a father, if the agreement is

  5  terminated for any reason by any party before final transfer

  6  of custody is completed or if the planned adoption is not

  7  approved by the court pursuant to the Florida Adoption Act.

  8         e.  That the intended father and intended mother

  9  acknowledge that they may not receive custody or the parental

10  rights under the agreement if the volunteer mother terminates

11  the agreement or if the volunteer mother rescinds her consent

12  to place her child for adoption within 7 days after birth.

13         f.  That the intended father and intended mother may

14  agree to pay all reasonable legal, medical, psychological, or

15  psychiatric expenses of the volunteer mother related to the

16  preplanned adoption arrangement, and may agree to pay the

17  reasonable living expenses of the volunteer mother.  No other

18  compensation, whether in cash or in kind, shall be made

19  pursuant to a preplanned adoption arrangement.

20         g.  That the intended father and intended mother agree

21  to accept custody of and to assert full parental rights and

22  responsibilities for the child immediately upon the child's

23  birth, regardless of any impairment to the child.

24         h.  That the intended father and intended mother shall

25  have the right to specify the blood and tissue typing tests to

26  be performed if the agreement specifies that at least one of

27  them is intended to be the biological parent of the child.

28         i.  That the agreement may be terminated at any time by

29  any of the parties.

30         3.  A preplanned adoption agreement shall not contain

31  any provision:

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  1         a.  To reduce any amount paid to the volunteer mother

  2  if the child is stillborn or is born alive but impaired, or to

  3  provide for the payment of a supplement or bonus for any

  4  reason.

  5         b.  Requiring the termination of the volunteer mother's

  6  pregnancy.

  7         4.  An attorney who represents an intended father and

  8  intended mother or any other attorney with whom that attorney

  9  is associated shall not represent simultaneously a female who

10  is or proposes to be a volunteer mother in any matter relating

11  to a preplanned adoption agreement or preplanned adoption

12  arrangement.

13         5.  Payment to agents, finders, and intermediaries,

14  including attorneys and physicians, as a finder's fee for

15  finding volunteer mothers or matching a volunteer mother and

16  intended father and intended mother is prohibited.  Doctors,

17  psychologists, attorneys, and other professionals may receive

18  reasonable compensation for their professional services, such

19  as providing medical services and procedures, legal advice in

20  structuring and negotiating a preplanned adoption agreement,

21  or counseling.

22         6.  As used in this paragraph, the term:

23         a.  "Blood and tissue typing tests" include, but are

24  not limited to, tests of red cell antigens, red cell

25  isoenzymes, human leukocyte antigens, and serum proteins.

26         b.  "Child" means the child or children conceived by

27  means of an insemination that is part of a preplanned adoption

28  arrangement.

29         c.  "Fertility technique" means artificial

30  embryonation, artificial insemination, whether in vivo or in

31  vitro, egg donation, or embryo adoption.

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  1         d.  "Intended father" means a male who, as evidenced by

  2  a preplanned adoption agreement, intends to have the parental

  3  rights and responsibilities for a child conceived through a

  4  fertility technique, regardless of whether the child is

  5  biologically related to the male.

  6         e.  "Intended mother" means a female who, as evidenced

  7  by a preplanned adoption agreement, intends to have the

  8  parental rights and responsibilities for a child conceived

  9  through a fertility technique, regardless of whether the child

10  is biologically related to the female.

11         f.  "Parties" means the intended father and intended

12  mother, the volunteer mother and her husband, if she has a

13  husband, who are all parties to the preplanned adoption

14  agreement.

15         g.  "Preplanned adoption agreement" means a written

16  agreement among the parties that specifies the intent of the

17  parties as to their rights and responsibilities in the

18  preplanned adoption arrangement, consistent with the

19  provisions of this act.

20         h.  "Preplanned adoption arrangement" means the

21  arrangement through which the parties enter into an agreement

22  for the volunteer mother to bear the child, for payment by the

23  intended father and intended mother of the expenses allowed by

24  this act, for the intended father and intended mother to

25  assert full parental rights and responsibilities to the child

26  if consent to adoption is not rescinded after birth by the

27  volunteer mother, and for the volunteer mother to terminate,

28  subject to a right of rescission, in favor of the intended

29  father and intended mother all her parental rights and

30  responsibilities to the child.

31

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  1         i.  "Volunteer mother" means a female person at least

  2  18 years of age who voluntarily agrees, subject to a right of

  3  rescission, that if she should become pregnant pursuant to a

  4  preplanned adoption arrangement, she will terminate in favor

  5  of the intended father and intended mother her parental rights

  6  and responsibilities to the child.

  7         (2)  Nothing herein shall be construed to prohibit a

  8  licensed child-placing agency from charging fees reasonably

  9  commensurate to the services provided.

10         (3)  It is unlawful for any intermediary or agency to

11  fail to report to the court, prior to placement, the intended

12  placement of a child for purposes of adoption with any person

13  not a stepparent or a relative within the third degree, if the

14  intermediary or agency participates in such intended

15  placement.

16         (4)  It is unlawful for any intermediary or agency to

17  charge any fee over $2,000 $1,000 and those costs as set out

18  in paragraph (1)(d) over $3,000 $2,500, other than for actual

19  documented medical costs, court costs, and hospital costs

20  unless such fee is approved by the court prior to the

21  assessment of the fee by the intermediary or agency and upon a

22  showing of justification for the larger fee.

23         (5)  It is unlawful for any intermediary or agency to

24  counsel a birth mother to leave the state for the purpose of

25  giving birth to a child outside the state in order to secure a

26  fee in excess of that permitted under s. 63.097 when it is the

27  intention that the child be placed for adoption outside the

28  state.

29         (6)  It is unlawful for any intermediary or agency to

30  obtain a preliminary home study or final home investigation

31  and fail to disclose the existence of the study to the court.

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  1         (7)  A person who violates any provision of this

  2  section, excluding paragraph (1)(h), is guilty of a felony of

  3  the third degree, punishable as provided in s. 775.082, s.

  4  775.083, or s. 775.084.  A person who violates paragraph

  5  (1)(h) is guilty of a misdemeanor of the second degree,

  6  punishable as provided in s. 775.083; and each day of

  7  continuing violation shall be considered a separate offense.

  8         Section 22.  Section 63.215, Florida Statutes, is

  9  created to read:

10         63.215  Preplanned adoption arrangements.--

11         (1)  Individuals may enter into a preplanned adoption

12  arrangement as specified in this section but such arrangement

13  shall not in any way:

14         (a)  Effect final transfer of custody of a child or

15  final adoption of a child, without review and approval of the

16  department and the court, and without compliance with other

17  applicable provisions of law.

18         (b)  Constitute consent of a mother to place her child

19  for adoption until 7 days following birth, and unless the

20  court making the custody determination or approving the

21  adoption determines that the mother was aware of her right to

22  rescind within the 7-day period following birth but chose not

23  to rescind such consent.

24         (2)  A preplanned adoption arrangement shall be based

25  upon a preplanned adoption agreement which shall include, but

26  need not be limited to, the following terms:

27         (a)  That the volunteer mother agrees to become

28  pregnant by the fertility technique specified in the

29  agreement, to bear the child, and to terminate any parental

30  rights and responsibilities to the child she might have

31  through a written consent executed at the same time as the

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  1  preplanned adoption agreement, subject to a right of

  2  rescission by the volunteer mother any time within 7 days

  3  after the birth of the child.

  4         (b)  That the volunteer mother agrees to submit to

  5  reasonable medical evaluation and treatment and to adhere to

  6  reasonable medical instructions about her prenatal health.

  7         (c)  That the volunteer mother acknowledges that she is

  8  aware that she will assume parental rights and

  9  responsibilities for the child born to her as otherwise

10  provided by law for a mother, if the intended father and

11  intended mother terminate the agreement before final transfer

12  of custody is completed, or if a court determines that a

13  parent clearly specified by the preplanned adoption agreement

14  to be the biological parent is not the biological parent, or

15  if the preplanned adoption is not approved by the court under

16  the Florida Adoption Act.

17         (d)  That an intended father who is also the biological

18  father acknowledges that he is aware that he will assume

19  parental rights and responsibilities for the child as

20  otherwise provided by law for a father, if the agreement is

21  terminated for any reason by any party before final transfer

22  of custody is completed or if the planned adoption is not

23  approved by the court under the Florida Adoption Act.

24         (e)  That the intended father and intended mother

25  acknowledge that they may not receive custody or the parental

26  rights under the agreement if the volunteer mother terminates

27  the agreement or if the volunteer mother rescinds her consent

28  to place her child for adoption within 7 days after birth.

29         (f)  That the intended father and intended mother may

30  agree to pay all reasonable legal, medical, psychological, or

31  psychiatric expenses of the volunteer mother related to the

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  1  preplanned adoption arrangement, and may agree to pay the

  2  reasonable living expenses of the volunteer mother. No other

  3  compensation, whether in cash or in kind, shall be made

  4  pursuant to a preplanned adoption arrangement.

  5         (g)  That the intended father and intended mother agree

  6  to accept custody of and to assert full parental rights and

  7  responsibilities for the child immediately upon the child's

  8  birth, regardless of any impairment to the child.

  9         (h)  That the intended father and intended mother shall

10  have the right to specify the blood and tissue typing tests to

11  be performed if the agreement specifies that at least one of

12  them is intended to be the biological parent of the child.

13         (i)  That the agreement may be terminated at any time

14  by any of the parties.

15         (3)  A preplanned adoption agreement shall not contain

16  any provision:

17         (a)  To reduce any amount paid to the volunteer mother

18  if the child is stillborn or is born alive but impaired, or to

19  provide for the payment of a supplement or bonus for any

20  reason.

21         (b)  Requiring the termination of the volunteer

22  mother's pregnancy.

23         (4)  An attorney who represents an intended father and

24  intended mother or any other attorney with whom that attorney

25  is associated shall not represent simultaneously a female who

26  is or proposes to be a volunteer mother in any matter relating

27  to a preplanned adoption agreement or preplanned adoption

28  arrangement.

29         (5)  Payment to agents, finders, and intermediaries,

30  including attorneys and physicians, as a finder's fee for

31  finding volunteer mothers or matching a volunteer mother and

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  1  intended father and intended mother is prohibited. Doctors,

  2  psychologists, attorneys, and other professionals may receive

  3  reasonable compensation for their professional services, such

  4  as providing medical services and procedures, legal advice in

  5  structuring and negotiating a preplanned adoption agreement,

  6  or counseling.

  7         (6)  As used in this section the term:

  8         (a)  "Blood and tissue typing tests" include, but are

  9  not limited to, tests of red cell antigens, red cell

10  isoenzymes, human leukocyte antigens, and serum proteins.

11         (b)  "Child" means the child or children conceived by

12  means of an insemination that is part of a preplanned adoption

13  arrangement.

14         (c)  "Fertility technique" means artificial

15  embryonation, artificial insemination, whether in vivo or in

16  vitro, egg donation, or embryo adoption.

17         (d)  "Intended father" means a male who, as evidenced

18  by a preplanned adoption agreement, intends to have the

19  parental rights and responsibilities with respect to a child

20  conceived through a fertility technique, regardless of whether

21  the child is biologically related to the male.

22         (e)  "Intended mother" means a female who, as evidenced

23  by a preplanned adoption agreement, intends to have the

24  parental rights and responsibilities with respect to a child

25  conceived through a fertility technique, regardless of whether

26  the child is biologically related to the female.

27         (f)  "Parties" means the intended father and intended

28  mother, the volunteer mother and her husband, if she has a

29  husband, who are all parties to the preplanned adoption

30  agreement.

31

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  1         (g)  "Preplanned adoption agreement" means a written

  2  agreement among the parties that specifies the intent of the

  3  parties as to their rights and responsibilities in the

  4  preplanned adoption arrangement, consistent with the

  5  provisions of this act.

  6         (h)  "Preplanned adoption arrangement" means the

  7  arrangement through which the parties enter into an agreement

  8  for the volunteer mother to bear the child, for payment by the

  9  intended father and intended mother of the expenses allowed by

10  this act, for the intended father and intended mother to

11  assert full parental rights and responsibilities with respect

12  to the child if consent to adoption is not rescinded after

13  birth by the volunteer mother, and for the volunteer mother to

14  terminate, subject to a right of rescission, in favor of the

15  intended father and intended mother all her parental rights

16  and responsibilities with respect to the child.

17         (i)  "Volunteer mother" means a female person at least

18  18 years of age who voluntarily agrees, subject to a right of

19  rescission, that if she should become pregnant pursuant to a

20  preplanned adoption arrangement, she will terminate in favor

21  of the intended father and intended mother her parental rights

22  and responsibilities with respect to the child.

23         Section 23.  Subsection (50) of section 39.01, Florida

24  Statutes, is amended to read:

25         39.01  Definitions.--When used in this chapter, unless

26  the context otherwise requires:

27         (50)  "Parent" means a woman who gives birth to a child

28  and a man whose consent to the adoption of the child would be

29  required under s. 63.062(1)(a)2. If a child has been legally

30  adopted, the term "parent" means the adoptive mother or father

31  of the child. The term does not include an individual whose

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  1  parental relationship to the child has been legally

  2  terminated, or an alleged or prospective parent, unless the

  3  parental status falls within the terms of s. 39.503(1) or s.

  4  63.062(1)(a)2. For purposes of this chapter only, when the

  5  phrase "parent or legal custodian" is used, it refers to

  6  rights or responsibilities of the parent and, only if there is

  7  no living parent with intact parental rights, to the rights or

  8  responsibilities of the legal custodian who has assumed the

  9  role of the parent.

10         Section 24.  Subsection (41) of section 984.03, Florida

11  Statutes, is amended to read:

12         984.03  Definitions.--When used in this chapter, the

13  term:

14         (41)  "Parent" means a woman who gives birth to a child

15  and a man whose consent to the adoption of the child would be

16  required under s. 63.062(1)(a)2(b). If a child has been

17  legally adopted, the term "parent" means the adoptive mother

18  or father of the child. The term does not include an

19  individual whose parental relationship to the child has been

20  legally terminated, or an alleged or prospective parent,

21  unless the parental status falls within the terms of either s.

22  39.503 or s. 63.062(1)(a)2(b).

23         Section 25.  Subsection (43) of section 985.03, Florida

24  Statutes, is amended to read:

25         985.03  Definitions.--When used in this chapter, the

26  term:

27         (43)  "Parent" means a woman who gives birth to a child

28  and a man whose consent to the adoption of the child would be

29  required under s. 63.062(1)(a)2(b). If a child has been

30  legally adopted, the term "parent" means the adoptive mother

31  or father of the child. The term does not include an

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  1  individual whose parental relationship to the child has been

  2  legally terminated, or an alleged or prospective parent,

  3  unless the parental status falls within the terms of either s.

  4  39.503 or s. 63.062(1)(a)2(b).

  5         Section 26.  This act shall take effect July 1, 2000.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Allows the removal of a prospective adoptee from the
10    adoptive home, before the adoption is final, if the home
      is found to be unsuitable. Requires that an interview
11    with the birth parents, and documentation of that
      interview, be made part of the preliminary home study
12    conducted before a minor is placed in a prospective
      adoptive home. Authorizes the filing of a petition for an
13    adoption in the county in which an adoption intermediary
      is located. Requires that a petition for adoption contain
14    a statement that the adoption will comply with the
      Interstate Compact on the Placement of Children, if the
15    child was born, or the adoptive couple resides, out of
      state. Requires that the petition be accompanied by an
16    affidavit from the birth parents regarding whether
      certain federal law is applicable and whether the child
17    qualifies as a Native American. Revises time period for
      appeal. Prohibits a person from providing false or
18    misleading information about himself when providing
      information for the completion of an adoptive placement.
19    Prohibits a birth parent from contracting with, or
      accepting benefits from, more than one intermediary.
20    Provides for preplanned adoption arrangements. See bill
      for details.
21

22

23

24

25

26

27

28

29

30

31

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