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

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

   (1) The petition for adoption shall be signed and verified by the petitioner and filed with the clerk of the court 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 adoption entity placing the minor, if any;

   (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 applicable to the adoption by a stepparent;

   (f) A statement that the petitioner is able to provide for the material needs of the child;

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

   (h) The case style and date of entry of the judgment terminating parental rights or, if the adoptee is an adult or a minor relative or a stepchild of the petitioner, the address, if known, of any person whose consent to the adoption is required and, if such person has not consented, the facts or circumstances that excuse the lack of consent to justify a termination of parental rights; 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) A certified copy of the court judgment terminating parental rights under chapter 39 or under this chapter or, if the adoptee is an adult or a minor relative or stepchild of the petitioner, the required consent, unless such 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, unless the petitioner is a stepparent or a relative.

   (c) A copy of any declaratory statement previously entered by the court pursuant to s. 63.102.

   (d) Documentation that an interview was held with the minor, if older than 12 years of age, unless the court, in the best interest of the minor, dispenses with the minor’s consent under s. 63.062(1)(c).

   (3) Unless ordered by the court, no report or recommendation is required when the placement is a stepparent adoption or an adult adoption or when the minor is a relative of one of the adoptive parents.

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; s. 22, ch. 2001-3; s. 23, ch. 2003-58.