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The Florida Statutes

The 2000 Florida Statutes

Title VI
Chapter 63
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Section 63.112, Florida Statutes 2000

63.112  Petition for adoption; description; report or recommendation, exceptions; mailing.--

(1)  A sufficient number of copies of the petition for adoption shall be signed and verified by the petitioner and filed with the clerk of the court so that service may be made under subsection (4) and shall state:

(a)  The date and place of birth of the person to be adopted, if known;

(b)  The name to be given to the person to be adopted;

(c)  The date petitioner acquired custody of the minor and the name of the person placing the minor;

(d)  The full name, age, and place and duration of residence of the petitioner;

(e)  The marital status of the petitioner, including the date and place of marriage, if married, and divorces, if any;

(f)  The facilities and resources of the petitioner, including those under a subsidy agreement, available to provide for the care of the minor to be adopted;

(g)  A description and estimate of the value of any property of the person to be adopted;

(h)  The name and address, if known, of any person whose consent to the adoption is required, but who has not consented, and facts or circumstances that excuse the lack of consent; and

(i)  The reasons why the petitioner desires to adopt the person.

(2)  The following documents are required to be filed with the clerk of the court at the time the petition is filed:

(a)  The required consents, unless consent is excused by the court.

(b)  The favorable preliminary home study of the department, licensed child-placing agency, or professional pursuant to s. 63.092, as to the suitability of the home in which the minor has been placed.

(c)  The surrender document must include documentation that interviews were held with:

1.  The birth mother, if parental rights have not been terminated;

2.  The birth father, if his consent to the adoption is required and parental rights have not been terminated; and

3.  The child, if older than 12 years of age, unless the court, in the best interest of the child, dispenses with the child's consent under s. 63.062(1)(c).

The court may waive the requirement for an interview with the birth mother or birth father in the investigation for good cause shown.

(3)  Unless ordered by the court, no report or recommendation is required when the placement is a stepparent adoption or when the child is related to one of the adoptive parents within the third degree.

(4)  The clerk of the court shall mail a copy of the petition within 24 hours after filing, and execute a certificate of mailing, to the department and the agency placing the minor, if any.

History.--s. 11, ch. 73-159; s. 8, ch. 75-226; s. 19, ch. 77-147; s. 5, ch. 83-215; s. 12, ch. 92-96.