| 1 | A bill to be entitled |
| 2 | An act relating to adoption; amending s. 63.054, F.S.; |
| 3 | requiring a petitioner in a proceeding for termination of |
| 4 | parental rights to provide notice to the Office of Vital |
| 5 | Statistics of the Department of Health; prohibiting the |
| 6 | office from recording a claim of paternity after the date |
| 7 | that a termination of parental rights is filed; requiring |
| 8 | the department to remove a registrant's name from the |
| 9 | Florida Putative Father Registry upon a finding that the |
| 10 | registrant has no parental rights; amending s. 63.062, |
| 11 | F.S.; modifying consent required for adoption; amending s. |
| 12 | 63.182, F.S.; providing that the interest that entitles a |
| 13 | person to notice of an adoption must be direct, financial, |
| 14 | and immediate; providing an exception; providing that a |
| 15 | showing of an indirect, inconsequential, or contingent |
| 16 | interest is wholly inadequate; providing construction and |
| 17 | applicability; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsections (1) and (5) of section 63.054, |
| 22 | Florida Statutes, are amended to read: |
| 23 | 63.054 Actions required by an unmarried biological father |
| 24 | to establish parental rights; Florida Putative Father |
| 25 | Registry.-- |
| 26 | (1) In order to preserve the right to notice and consent |
| 27 | to an adoption under this chapter, an unmarried biological |
| 28 | father must, as the "registrant," file a notarized claim of |
| 29 | paternity form with the Florida Putative Father Registry |
| 30 | maintained by the Office of Vital Statistics of the Department |
| 31 | of Health and shall include therein confirmation of his |
| 32 | willingness and intent to support the child for whom paternity |
| 33 | is claimed in accordance with state law. The claim of paternity |
| 34 | may be filed at any time prior to the child's birth, but a claim |
| 35 | of paternity may not be filed after the date a petition is filed |
| 36 | for termination of parental rights. In each proceeding for |
| 37 | termination of parental rights, the petitioner shall submit to |
| 38 | the Office of Vital Statistics of the Department of Health a |
| 39 | copy of the petition for termination of parental rights. The |
| 40 | Office of Vital Statistics of the Department of Health shall not |
| 41 | record a claim of paternity after the date that a petition for |
| 42 | termination of parental rights is filed. |
| 43 | (5) The registrant may, at any time prior to the birth of |
| 44 | the child for whom paternity is claimed, execute a notarized |
| 45 | written revocation of the claim of paternity previously filed |
| 46 | with the Florida Putative Father Registry, and upon receipt of |
| 47 | such revocation, the claim of paternity shall be deemed null and |
| 48 | void. If a court determines that a registrant is not the father |
| 49 | of the minor or has no parental rights, the court shall order |
| 50 | the Department of Health to remove the registrant's name from |
| 51 | the registry. |
| 52 | Section 2. Subsection (4) of section 63.062, Florida |
| 53 | Statutes, is amended to read: |
| 54 | 63.062 Persons required to consent to adoption; affidavit |
| 55 | of nonpaternity; waiver of venue.-- |
| 56 | (4) Any person whose consent is required under paragraph |
| 57 | (1)(b), or any other man, paragraphs (1)(c)-(e) may execute an |
| 58 | irrevocable affidavit of nonpaternity in lieu of a consent under |
| 59 | this section and by doing so waives notice to all court |
| 60 | proceedings after the date of execution. An affidavit of |
| 61 | nonpaternity must be executed as provided in s. 63.082. The |
| 62 | affidavit of nonpaternity may be executed prior to the birth of |
| 63 | the child. The person executing the affidavit must receive |
| 64 | disclosure under s. 63.085 prior to signing the affidavit. |
| 65 | Section 3. Section 63.182, Florida Statutes, is amended to |
| 66 | read: |
| 67 | 63.182 Statute of repose.-- |
| 68 | (1) Notwithstanding s. 95.031 or s. 95.11 or any other |
| 69 | statute, an action or proceeding of any kind to vacate, set |
| 70 | aside, or otherwise nullify a judgment of adoption or an |
| 71 | underlying judgment terminating parental rights on any ground |
| 72 | may not be filed more than 1 year after entry of the judgment |
| 73 | terminating parental rights. |
| 74 | (2)(a) Except for the specific persons expressly entitled |
| 75 | to be given notice of an adoption in accordance with this |
| 76 | chapter, the interest that entitles a person to notice of an |
| 77 | adoption must be direct, financial, and immediate and the person |
| 78 | must show that he or she will gain or lose by the direct legal |
| 79 | operation and effect of the judgment. A showing of an indirect, |
| 80 | inconsequential, or contingent interest is wholly inadequate and |
| 81 | a person with this indirect interest lacks standing to set aside |
| 82 | a judgment of adoption. |
| 83 | (b) This subsection is remedial and shall apply to all |
| 84 | adoptions, including those in which a judgment of adoption has |
| 85 | already been entered. |
| 86 | Section 4. This act shall take effect upon becoming a law. |