1 | A bill to be entitled |
2 | An act relating to adoption; amending s. 63.182, F.S.; |
3 | providing that the interest that entitles a person to |
4 | notice of an adoption proceeding must be direct, |
5 | financial, and immediate; providing an exception; |
6 | providing that a showing of an indirect, inconsequential, |
7 | or contingent interest is wholly inadequate; providing |
8 | construction and applicability; providing an effective |
9 | date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Section 63.182, Florida Statutes, is amended to |
14 | read: |
15 | 63.182 Statute of repose.-- |
16 | (1) Notwithstanding s. 95.031 or s. 95.11 or any other |
17 | statute, an action or proceeding of any kind to vacate, set |
18 | aside, or otherwise nullify a judgment of adoption or an |
19 | underlying judgment terminating parental rights on any ground |
20 | may not be filed more than 1 year after entry of the judgment |
21 | terminating parental rights. |
22 | (2)(a) Except for the specific persons expressly entitled |
23 | to be given notice of an adoption in accordance with this |
24 | chapter, the interest which entitles a person to notice of an |
25 | adoption must be direct, financial, and immediate and the person |
26 | must show that he or she will gain or lose by the direct legal |
27 | operation and effect of the judgment. A showing of an indirect, |
28 | inconsequential, or contingent interest is wholly inadequate and |
29 | a person with this indirect interest lacks standing to set aside |
30 | a judgment of adoption. |
31 | (b) This subsection is remedial and shall apply to all |
32 | adoptions, including those in which a judgment of adoption has |
33 | already been entered. |
34 | Section 2. This act shall take effect upon becoming a law. |