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Florida Florida Statutes

§ 63.082 — Execution of consent to adoption or affidavit of nonpaternity; family social and medical history; revocation of consent

FS § 63.082Ch. 63

Statute text

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(1)(a) Consent to an adoption or an affidavit of nonpaternity shall be executed as follows:1. If by the person to be adopted, by oral or written statement in the presence of the court or by being acknowledged before a notary public and in the presence of two witnesses. 2. If by an agency, by affidavit from its authorized representative. 3. If by any other person, in the presence of the court or by affidavit acknowledged before a notary public and in the presence of two witnesses. 4. If by a court, by an appropriate order or certificate of the court.
(b)A minor parent has the power to consent to the adoption of his or her child and has the power to relinquish his or her control or custody of the child to an adoption entity. Such consent or relinquishment is valid and has the same force and effect as a consent or relinquishment executed by an adult parent. A minor parent, having executed a consent or relinquishment, may not revoke that consent upon reaching the age of majority or otherwise becoming emancipated.
(c)A consent or an affidavit of nonpaternity executed by a minor parent who is 14 years of age or younger must be witnessed by a parent, legal guardian, or court-appointed guardian ad litem.
(d)The notice and consent provisions of this chapter as they relate to the father of a child do not apply in cases in which the child is conceived as a result of a violation of the criminal laws of this or another state or country, including, but not limited to, sexual battery, unlawful sexual activity with certain minors under s. 794.05, lewd acts perpetrated upon a minor, or incest.

Legislative history

s. 8, ch. 73-159; s. 17, ch. 77-147; s. 2, ch. 78-190; s. 2, ch. 91-99; s. 7, ch. 92-96</