Fla. Stat. 63.064
Persons whose consent to an adoption may be waived

(1)

A parent who has deserted a child without means of identification or who has abandoned a child.

(2)

A parent whose parental rights have been terminated by order of a court of competent jurisdiction.

(3)

A parent who has been judicially declared incompetent and for whom restoration of competency is medically improbable.

(4)

A legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably.

(5)

The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is excused by reason of prolonged and unexplained absence, unavailability, incapacity, or circumstances that are found by the court to constitute unreasonable withholding of consent.

Source: Section 63.064 — Persons whose consent to an adoption may be waived, https://www.­flsenate.­gov/Laws/Statutes/2024/0063.­064 (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

§ 63.064. Persons whose consent to an adoption may be waived's source at flsenate​.gov