Native American Rights Fund, A Practical Guide to the Indian Child Welfare Act, STATE of Florida, AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS-STEPPARENT ADOPTION FORMS.

Native American Rights Fund, A Practical Guide to the Indian Child Welfare Act, Florida Cases

(Cite as: 870 So.2d 791)

Supreme Court of Florida.

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS-STEPPARENT ADOPTION FORMS.

No. SC04-104.

March 25, 2004.

PER CURIAM.

The 2003 Florida Legislature amended numerous statutes related to adoption, including*792 sections 63.022 , 63.062 , 63.082 , 63.085 , 63.087 -.089 , 63.102 , 63.112 , 63.122 , 63.132 , 63.142 , and 63.182, Florida Statutes (2002). The 2003 Florida Legislature also created new laws related to adoption, including sections 63.053 , 63.054 , and 63.064, Florida Statutes (2003). These amendments and new laws became effective on May 30, 2003. See ch.2003-58, §§ 1 , 10-12 , 14-19 , 22-24 , 26 , 28 , 32 , 39, Laws of Fla.

Pursuant to the procedures approved by this Court in Amendments to the Florida Family Law Rules of Procedure & Family Law Forms, 810 So.2d 1, 14 (Fla.2000), this Court has internally reviewed the Florida Supreme Court Approved Family Law Forms and determined that both new forms and amendments to existing adoption forms are necessary as a result of the legislation. ^FN1 Input on this issue was sought and received from the Advisory Workgroup on The Florida Supreme Court Approved Family Law Forms, which provided valuable assistance.

FN1. We have jurisdiction. See art. V, § 2(a), Fla. Const.

In 2001, the Legislature enacted a two-step process for adoption, which required petitioners to file a petition for termination of parental rights, wait for a specified period of time, and then file a petition for adoption. See ch.2001-3, § 16 at 30-31, Laws of Florida. Chapter 2003-58, Laws of Florida , eliminates this procedure for stepparent, relative, and adult adoptions by amending section 63.087(5), Florida Statutes (2002), to provide that those seeking “[a]doptions of relatives, adult adoptions, or adoptions of stepchildren shall not be required to file a separate termination of parental rights proceeding pending adoption.” Ch.2003-58, § 17 at 494, Laws of Fla. The Legislature also eliminated the requirement that parents of adult adoptees provide consent to the adoption. See id. § 12 at 478. We therefore delete the following Supreme Court Approved Family Law Forms: Petition to Terminate Parental Rights Pending Stepparent Adoption, Florida Supreme Court Approved Family Law Form 12.981(a)(1); Notice of Petition to Terminate Parental Rights Pending Stepparent Adoption and Notice of Hearing, Florida Supreme Court Approved Family Law Form 12.981(a)(6); Final Judgment Terminating Parental Rights Pending Stepparent Adoption, Florida Supreme Court Approved Family Law Form 12.981(a)(7); and Stepparent Adoption: Consent of Adult Adoptee's Birth Parent(s), Florida Supreme Court Approved Family Law Form 12.981(c)(3). ^FN2

FN2. The deletion of these forms requires the renumbering of the following forms:

Form 12.981(a)(2), Termination of Parental Rights Pending Stepparent Adoption: Consent and Waiver by Parent, has been renumbered as Form 12.981(a)(1).

Form 12.981(a)(3), Stepparent Adoption: Consent of Adoptee, has been renumbered as Form 12.981(a)(2).

Form 12.981(a)(4), Affidavit of Nonpaternity, has been renumbered as Form 12.981(a)(3).

Form 12.981(a)(5), Termination of Parental Rights Pending Stepparent Adoption: Affidavit of Diligent Search, has been renumbered as Form 12.981(a)(4).

Form 12.981(a)(8), Indian Child Welfare Act Affidavit, has been renumbered as Form 12.981(a)(5).

Newly enacted section 63.054(7), Florida Statutes (2003), provides that in each termination of parental rights proceeding or adoption under chapter 63, the petitioner must search the Putative Father Registry. See ch.2003-58, § 11 at 471, Laws of Fla. Because section 63.0541, Florida Statutes (2003), contains a public records exemption for the Putative Father Registry and provides that information made confidential *793 may be disclosed upon issuance of a court order concerning a petitioner acting pro se, we further create the following Supreme Court Approved Family Law Forms: Motion for Search of the Putative Father Registry, Florida Supreme Court Approved Family Law Form 12.981(a)(6); and Order Granting Motion for Search of the Putative Father Registry, Florida Supreme Court Approved Family Law Form 12.981(a)(7).

Lastly, we adopt various amendments, which are consistent with the 2003 legislation, to the following existing Florida Supreme Court Approved Family Law Forms: Termination of Parental Rights Pending Stepparent Adoption: Consent and Waiver by Parent, Florida Supreme Court Approved Family Law Form 12.981(a)(2); Stepparent Adoption: Consent of Adoptee, Florida Supreme Court Approved Family Law Form 12.981(a)(3); Affidavit of Nonpaternity, Florida Supreme Court Approved Family Law Form 12.981(a)(4); Termination of Parental Rights Pending Stepparent Adoption: Affidavit of Diligent Search, Florida Supreme Court Approved Family Law Form 12.981(a)(5); Indian Child Welfare Act Affidavit, Florida Supreme Court Approved Family Law Form 12.981(a)(8); Joint Petition for Adoption by Stepparent, Florida Supreme Court Approved Family Law Form 12.981(b)(1); Final Judgment of Stepparent Adoption, Florida Supreme Court Approved Family Law Form 12.981(b)(2); Petition for Adoption of Adult by Stepparent, Florida Supreme Court Approved Family Law Form 12.981(c)(1); and Stepparent Adoption: Consent of Adult Adoptee's Spouse, Florida Supreme Court Approved Family Law Form 12.981(c)(2).

The forms are adopted as set forth in the appendix to this opinion, fully engrossed, effective for immediate use. However, due to the number of new forms and amendments to existing forms, we direct that these forms be published in The Florida Bar News so that any interested person may file comments with this Court by June 1, 2004. By adoption of these forms, we express no opinion as to their correctness or applicability, or on the substance of the new legislation. This opinion and the forms discussed herein may be accessed and downloaded from this Court's website at www.flcourts.org.

It is so ordered.

ANSTEAD , C.J., and WELLS , PARIENTE , LEWIS , QUINCE , CANTERO , and BELL, JJ., concur.

APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM12.981(a)(1),STEPPARENT ADOPTION: CONSENT AND WAIVER BY PARENT

When should this form be used?

This form is to be completed and signed by the parent who is giving up all rights to and custody of the minor child to be adopted. This consent shall not be executed before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 -63.082, Florida Statutes, in particular.

This form should be typed or printed in black ink. It must be signed in the presence of a notary public or deputy clerk and two witnesses other than the notary or clerk. You should file this form with the Joint Petition for Adoption by Stepparent, Florida Supreme Court Approved Family Law Form 12.981(b)(1).

After completing this form, you should hand deliver a copy or duplicate original to the parent giving consent and have them *794 sign the original saying they received a copy. Then you should file the original with the clerk of the circuit court in the county where the Joint Petition for Adoption by Stepparent, Florida Supreme Court Approved Family Law Form 12.981(b)(1) is filed and keep a copy for your records.

Special notes ...

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Form 12.981(a)(1)

IN THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,

IN AND FOR __________ COUNTY, FLORIDA

Case No.: _

Division: _

IN THE MATTER OF THE ADOPTION OF

Adoptee(s).

CONSENT AND WAIVER BY PARENT

I, {full legal name} ____________________, am the [ one only] ( ) father or ( ) mother of the minor child(ren) subject to this consent who is/are:

Child's Current Name

Gender

Birth date

Birthplace

{city, county, state}

I relinquish all rights to and custody of this (these) minor child(ren), {name(s)} ______________________________, with full knowledge of the legal effect of the stepparent adoption and consent to the adoption by the child(ren)'s stepparent whose name is: [ one only]

( ) {name} _

( ) not required for my granting of this consent.

I understand my legal rights as a parent and I understand that I do not have to sign this consent and release of my parental rights. I acknowledge that this consent is being given knowingly, freely, and voluntarily. I further acknowledge that my consent is not given under fraud or duress. I understand that there is a “grace period” in Florida during which I may revoke my consent. If the child to be adopted is older than 6 months at the time of consent, this grace period is for 3 days or until the child has been placed with the prospective adoptive parents, whichever is later. I understand that, in signing this consent, I am permanently and forever giving up all my parental rights to and interest in this (these) minor child(ren) and that this consent may only be withdrawn if the Court finds it was obtained by fraud or duress. I voluntarily, permanently relinquish all my parental rights to this (these) minor child(ren).

I consent, release, and give up permanently, of my own free will, my parental rights to this (these) minor child(ren), for the purpose of stepparent adoption.

I waive any further notice of the stepparent adoption proceeding.

I understand that pursuant to Chapter 63, Florida Statutes, “an action or proceeding of any kind to vacate, set aside, or otherwise nullify a judgment of adoption or an underlying judgment terminating parental rights on any ground may not be filed more than 1 year after entry of the judgment terminating parental rights.”

I understand I have the right to choose a person who does not have an employment, professional, or personal relationship with the adoption entity or the prospective adoptive parents to be present when this affidavit is executed and to sign it as a witness. The witness I selected is: {full legal name} _.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this consent and waiver and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: _

Signature of Parent

Printed Name: _

Address: _

City, State, Zip: _

Telephone Number: _

Fax Number: _

Signature of Witness

Printed Name: _

Business Address: _

Home Address: _

Driver's License or

State ID Card No.: _

STATE OF FLORIDA

COUNTY OF _

Sworn to or affirmed and signed before me on {date} __________ at {time} __________.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

___

Personally known

___

Produced identification

Type of identification produced ____________________

I hereby acknowledge receipt of a copy or duplicate original of this executed Consent and Waiver.

Signature of Parent

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ fill in all blanks]

I, {full legal name and trade name of nonlawyer} _, a nonlawyer, located at {street} ____________________, {city} _, {state} __________, {phone} __________, helped {name} _, fill out this form.

*796 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM12.981(a)(2),STEPPARENT ADOPTION: CONSENT OF ADOPTEE

When should this form be used?

This form must be completed and signed by the person being adopted, the adoptee, if he or she is over 12 years of age, unless the court, in the best interest of the minor excuses the minor's consent. It must be signed in the presence of a notary public or deputy clerk and two witnesses other than the notary public or deputy clerk.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where the Joint Petition for Adoption by Stepparent, Florida Supreme Court Approved Family Law Form 12.981(b)(1) is filed and keep a copy for your records.

Special notes ...

Form 12.981(a)(2)

IN THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT,

IN AND FOR __________ COUNTY, FLORIDA

Case No.: _

Division: _

IN THE MATTER OF THE ADOPTION OF

Adoptee(s).

CONSENT OF ADOPTEE

I, {full legal name} ____________________, being over the age of 12, consent to my adoption by {name} ____________________, to be his/her legal child and heir at law.

I have been told of my right to choose a person who does not have an employment, professional, or personal relationship with the adoption entity or prospective adoptive parents to be present when this affidavit is executed and to sign it as a witness. The witness I selected is: {full legal name} _.

[ only one]

( ) I consent to my name being legally changed to {specify} _.

( ) I do not consent to a name change.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this consent and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: _

Signature of Adoptee

Printed Name: _

Address: _

City, State, Zip: _

Telephone Number: _

Fax Number: _

Signature of Witness

Printed Name: _

Business Address: _

Home Address: _

Driver's License or

State ID Card No.: _

STATE OF FLORIDA

COUNTY OF _

Sworn to or affirmed and signed before me on __________ by _.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

___

Personally known

___

Produced identification

Type of identification produced ____________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ fill in all blanks]

*797 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM12.981(a)(3),AFFIDAVIT OF NONPATERNITY

When should this form be used?

This form should be used when a stepfather is adopting his wife's minor child and the mother and father of the minor child(ren) were never married and paternity has not been established by a valid acknowledgment or court order. This Affidavit of Nonpaternity may be used instead of a consent form. This Affidavit may be executed before the birth of the minor child. The person signing the affidavit waives notice to all court proceedings after the date it is signed. After signing this affidavit, it may only be withdrawn if the court finds the affidavit was obtained by fraud or duress.

This form should be typed or printed in black ink. This form must be signed before a notary public or deputy clerk and two witnesses other than the notary or clerk. You should then file the original of this form with the Petition for Stepparent Adoption, Florida Supreme Court Approved Family Law Form 12.981(b)(1).

Remember-a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Form 12.981(a)(3)