Fla. Stat. 63.022
Legislative intent


(1)

The Legislature finds that:The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children.An unmarried mother faced with the responsibility of making crucial decisions about the future of a newborn child is entitled to privacy, has the right to make timely and appropriate decisions regarding her future and the future of the child, and is entitled to assurance regarding an adoptive placement.Adoptive children have the right to permanence and stability in adoptive placements.Adoptive parents have a constitutional privacy interest in retaining custody of a legally adopted child.An unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during the pregnancy and after the child’s birth. The state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity rights in accordance with the requirements of this chapter.

(a)

The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children.

(b)

An unmarried mother faced with the responsibility of making crucial decisions about the future of a newborn child is entitled to privacy, has the right to make timely and appropriate decisions regarding her future and the future of the child, and is entitled to assurance regarding an adoptive placement.

(c)

Adoptive children have the right to permanence and stability in adoptive placements.

(d)

Adoptive parents have a constitutional privacy interest in retaining custody of a legally adopted child.

(e)

An unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during the pregnancy and after the child’s birth. The state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity rights in accordance with the requirements of this chapter.

(2)

It is the intent of the Legislature that in every adoption, the best interest of the child should govern and be of foremost concern in the court’s determination. The court shall make a specific finding as to the best interests of the child in accordance with the provisions of this chapter.

(3)

It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their birth and adoptive parents and to provide to all children who can benefit by it a permanent family life, and, whenever appropriate, to maintain sibling groups.

(4)

The basic safeguards intended to be provided by this chapter are that:The minor is legally free for adoption and that all adoptions are handled in accordance with the requirements of law.The required persons consent to the adoption or the parent-child relationship is terminated by judgment of the court.The required social studies are completed and the court considers the reports of these studies prior to judgment on adoption petitions.A sufficient period of time elapses during which the minor has lived within the proposed adoptive home under the guidance of an adoption entity, except stepparent adoptions or adoptions of a relative.All expenditures by adoption entities or adoptive parents relative to the adoption of a minor are reported to the court and become a permanent record in the file of the adoption proceedings, including, but not limited to, all legal fees and costs, all payments to or on behalf of a birth parent, and all payments to or on behalf of the minor.Social and medical information concerning the minor and the parents is furnished by the parent when available and filed with the court before a final hearing on a petition to terminate parental rights pending adoption, unless the petitioner is a stepparent or a relative.A new birth certificate is issued after entry of the adoption judgment.At the time of the hearing, the court may order temporary substitute care when it determines that the minor is in an unsuitable home.The records of all proceedings concerning custody and adoption of a minor are confidential and exempt from s. 119.07(1), except as provided in s. 63.162.The birth parent, the prospective adoptive parent, and the minor receive, at a minimum, the safeguards, guidance, counseling, and supervision required in this chapter.In all matters coming before the court under this chapter, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person to be adopted.In dependency cases initiated by the department, where termination of parental rights occurs, and siblings are separated despite diligent efforts of the department, continuing postadoption communication or contact among the siblings may be ordered by the court if found to be in the best interests of the children.

(a)

The minor is legally free for adoption and that all adoptions are handled in accordance with the requirements of law.

(b)

The required persons consent to the adoption or the parent-child relationship is terminated by judgment of the court.

(c)

The required social studies are completed and the court considers the reports of these studies prior to judgment on adoption petitions.

(d)

A sufficient period of time elapses during which the minor has lived within the proposed adoptive home under the guidance of an adoption entity, except stepparent adoptions or adoptions of a relative.

(e)

All expenditures by adoption entities or adoptive parents relative to the adoption of a minor are reported to the court and become a permanent record in the file of the adoption proceedings, including, but not limited to, all legal fees and costs, all payments to or on behalf of a birth parent, and all payments to or on behalf of the minor.

(f)

Social and medical information concerning the minor and the parents is furnished by the parent when available and filed with the court before a final hearing on a petition to terminate parental rights pending adoption, unless the petitioner is a stepparent or a relative.

(g)

A new birth certificate is issued after entry of the adoption judgment.

(h)

At the time of the hearing, the court may order temporary substitute care when it determines that the minor is in an unsuitable home.

(i)

The records of all proceedings concerning custody and adoption of a minor are confidential and exempt from s. 119.07(1), except as provided in s. 63.162.

(j)

The birth parent, the prospective adoptive parent, and the minor receive, at a minimum, the safeguards, guidance, counseling, and supervision required in this chapter.

(k)

In all matters coming before the court under this chapter, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person to be adopted.

(l)

In dependency cases initiated by the department, where termination of parental rights occurs, and siblings are separated despite diligent efforts of the department, continuing postadoption communication or contact among the siblings may be ordered by the court if found to be in the best interests of the children.

(5)

It is the intent of the Legislature to provide for cooperation between private adoption entities and the Department of Children and Families in matters relating to permanent placement options for children in the care of the department whose birth parents wish to participate in a private adoption plan with a qualified family.

Source: Section 63.022 — Legislative intent, https://www.­flsenate.­gov/Laws/Statutes/2024/0063.­022 (accessed Aug. 7, 2025).

63.012
Short title
63.022
Legislative intent
63.032
Definitions
63.037
Proceedings applicable to cases resulting from a termination of parental rights under chapter 39
63.039
Duty of adoption entity to prospective adoptive parents
63.042
Who may be adopted
63.043
Mandatory screening or testing for sickle-cell trait prohibited
63.052
Guardians designated
63.053
Rights and responsibilities of an unmarried biological father
63.054
Actions required by an unmarried biological father to establish parental rights
63.062
Persons required to consent to adoption
63.063
Responsibility of parents for actions
63.064
Persons whose consent to an adoption may be waived
63.082
Execution of consent to adoption or affidavit of nonpaternity
63.085
Disclosure by adoption entity
63.087
Proceeding to terminate parental rights pending adoption
63.088
Proceeding to terminate parental rights pending adoption
63.089
Proceeding to terminate parental rights pending adoption
63.092
Report to the court of intended placement by an adoption entity
63.093
Adoption of children from the child welfare system
63.097
Fees
63.102
Filing of petition for adoption or declaratory statement
63.112
Petition for adoption
63.122
Notice of hearing on petition
63.125
Final home investigation
63.132
Affidavit of expenses and receipts
63.135
Information to be submitted to the court
63.142
Hearing
63.152
Application for new birth record
63.162
Hearings and records in adoption proceedings
63.165
State registry of adoption information
63.167
State adoption information center
63.172
Effect of judgment of adoption
63.182
Statute of repose
63.192
Recognition of foreign judgment or decree affecting adoption
63.202
Authority to license
63.207
Out-of-state placement
63.212
Prohibited acts
63.213
Preplanned adoption agreement
63.219
Sanctions
63.222
Effect on prior adoption proceedings
63.232
Duty of person adopting
63.233
Rulemaking authority
63.235
Petitions filed before effective date
63.236
Petitions filed before July 1, 2008
63.0422
Prohibited conditions on adoptions
63.0423
Procedures with respect to surrendered infants
63.0425
Grandparent’s right to notice
63.0427
Agreements for continued communication or contact between adopted child and siblings, parents, and other relatives
63.0541
Public records exemption for the Florida Putative Father Registry
63.2325
Conditions for invalidation of a consent to adoption or affidavit of nonpaternity

Current through Fall 2025

§ 63.022. Legislative intent's source at flsenate​.gov