IN THE INTEREST OF BABY GIRL M., A CHILD. FAMILY CREATIONS, INC., PETITIONER,
v.
N.E.M. AND C.W.M., RESPONDENTS

Fla. 2d DCA | 2017-12-13
No. Case No. 2D17-1311
Northcutt, J., Villanti, J., Morris, J.
231 So. 3d 593 Florida District Court of Appeal, Second District (2017) Positive Treatment
Cited by 3 cases

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Synopsis

Florida appellate court held that an unmarried biological father who failed to file a notarized claim of paternity with the Putative Father Registry before the mother's consent and termination petition waived all parental rights, including notice and consent rights in adoption proceedings.


Holding

An unmarried biological father who does not file a notarized claim of paternity with the Florida Putative Father Registry before the mother executes her adoption consent and the petition to terminate parental rights is deemed to have waived all parental rights, including the right to notice and the requirement for his consent to adoption.


Headnotes

[1] An unmarried biological father who fails to file a notarized claim of paternity with the Florida Putative Father Registry before the mother executes her adoption consent…

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Facts & Procedural History

Family Creations, Inc. sought to adopt Baby Girl M. The mother executed her consent for adoption, and the petitioner filed a petition to terminate par…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The petitioner’s petition for -writ, of cer-tiorari is granted. Because C.W.M. is an “unmarried biological father,” as the term is defined in section 68.032(19), Florida Statutes (2016), and he did not file a notarized claim of paternity form with the Florida Putative Father Registry before the mother executed her consent for adoption and the petitioner filed the petition to terminate parental rights, he “is deemed to have waived and surrendered any rights in relation to the child, including the right to notice of any judicial proceeding in connection with the adoption of the child, and his consent to the adoption of the child is not required.” § 63.062(2)(e), Fla. Stat. (2016); see also § 63.062(l)(b)(5) (“The status of the father shall be determined at the time of the filing of the petition to terminate parental rights and may not be modified ... for purposes of his obligations and rights under this chapter by .acts occurring after the filing of the petition to terminate parental rights.”). The trial court’s order granting C.W.M.’s motion to intervene is quashed. The trial court shall expeditiously rule on the petitioner’s motion to set final hearing.

Petition granted; order quashed.

NORTHCUTT, VILLANTI, and MORRIS, JJ., Concur.


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Citator

Cited By

  • Gift OF Life Adoptions v. S.R.B., 252 So. 3d 788 (Fla. 2d DCA 2018)
    …y to renew his plea for the legislature to address this issue and craft an appropriate balance between the vital, competing interests this issue implicates. Id. GLA has cited to our per curiam, memorandum opinion in In the Interest of Baby Girl M., 231 So. 3d 593 (Fla. 2d DCA 2017), in which this court reviewed a lower court's order permitting an unmarried biological father who failed to file a notarized form with the Florida Putative Father Registry to intervene in an adoption proceeding as "an example" of…

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