Fla. Stat. 63.052
Guardians designated; proof of commitment


(1)

For minors who have been placed for adoption with an adoption entity, other than an intermediary, such adoption entity shall be the guardian of the person of the minor and has the responsibility and authority to provide for the needs and welfare of the minor.

(2)

For minors who have been voluntarily surrendered to an intermediary through an execution of a consent to adoption, the intermediary shall be responsible for the minor until the time a court orders preliminary approval of placement of the minor in the prospective adoptive home, after which time the prospective adoptive parents shall become guardians pending finalization of adoption, subject to the intermediary’s right and responsibility to remove the child from the prospective adoptive home if the removal is deemed by the intermediary to be in the best interests of the child. The intermediary may not remove the child without a court order unless the child is in danger of imminent harm. The intermediary does not become responsible for the minor child’s medical bills that were incurred before taking physical custody of the child after the execution of adoption consents. Prior to the court’s entry of an order granting preliminary approval of the placement, the intermediary shall have the responsibility and authority to provide for the needs and welfare of the minor. A minor may not be placed in a prospective adoptive home until that home has received a favorable preliminary home study, as provided in s. 63.092, completed and approved within 1 year before such placement in the prospective home. The provisions of s. 627.6578 shall remain in effect notwithstanding the guardianship provisions in this section.

(3)

If a minor is surrendered to an adoption entity for subsequent adoption and a suitable prospective adoptive home is not available pursuant to s. 63.092 at the time the minor is surrendered to the adoption entity, the minor must be placed in a licensed foster care home, with a person or family that has received a favorable preliminary home study pursuant to subsection (2), or with a relative until a suitable prospective adoptive home is available.

(4)

If a minor is voluntarily surrendered to an adoption entity for subsequent adoption and the adoption does not become final within 180 days after termination of parental rights, the adoption entity must report to the court on the status of the minor and the court may at that time proceed under s. 39.701 or take action reasonably necessary to protect the best interest of the minor.

(5)

The recital in a written consent, answer, or recommendation filed by an adoption entity that the minor has been permanently committed to the adoption entity or that the adoption entity is duly licensed shall be prima facie proof of such commitment. A consent for adoption signed by an adoption entity need not comply with s. 63.082.

(6)

Unless otherwise authorized by law or ordered by the court, the department is not responsible for expenses incurred by other adoption entities participating in a placement of a minor.

(7)

The court retains jurisdiction of a minor who has been placed for adoption until the adoption is final. After a minor is placed with an adoption entity or prospective adoptive parent, the court may review the status of the minor and the progress toward permanent adoptive placement.

Source: Section 63.052 — Guardians designated; proof of commitment, https://www.­flsenate.­gov/Laws/Statutes/2024/0063.­052 (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

§ 63.052. Guardians designated; proof of commitment's source at flsenate​.gov