Home » Currently Reading:

Florida

Read about current OBC access legislation  with links to bills and bill history at our Legislative Update pages:  2013, 2014, 2015

Florida Adoption Code

Florida State Legislature

Current access law

63.162 Hearings and records in adoption proceedings; confidential nature.

(1)  All hearings held in proceedings under this act shall be held in closed court without admittance of any person other than essential officers of the court, the parties, witnesses, counsel, persons who have not consented to the adoption and are required to consent, and representatives of the agencies who are present to perform their official duties.

(2) All papers and records pertaining to the adoption, including the original birth certificate, whether part of the permanent record of the court or a file in the office of an adoption entity are confidential and subject to inspection only upon order of the court; however, the petitioner in any proceeding for adoption under this chapter may, at the option of the petitioner, make public the reasons for a denial of the petition for adoption. The order must specify which portion of the records are subject to inspection, and it may exclude the name and identifying information concerning the parent or adoptee. Papers and records of the department, a court, or any other governmental agency, which papers and records relate to adoptions, are exempt from s. 119.07(1). In the case of an adoption not handled by the department or a child-placing agency licensed by the department, the department must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. In the case of an agency adoption, the licensed child-placing agency must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. This subsection does not prohibit the department from inspecting and copying any official record pertaining to the adoption that is maintained by the department or from inspecting and copying any of the official records maintained by an agency licensed by the department and does not prohibit an agency from inspecting and copying any official record pertaining to the adoption that is maintained by that agency.

(3) The court files, records, and papers in the adoption of a minor shall be indexed only in the name of the petitioner, and the name of the minor shall not be noted on any docket, index, or other record outside the court file, except that closed agency files may be cross-referenced in the original and adoptive names of the minor.

(4)  A person may not disclose from the records the name and identity of a birth parent, an adoptive parent, or an adoptee unless:

(a) The birth parent authorizes in writing the release of his or her name;

(b)  The adoptee, if 18 or more years of age, authorizes in writing the release of his or her name; or, if the adoptee is less than 18 years of age, written consent to disclose the adoptee’s name is obtained from an adoptive parent;

(c) The adoptive parent authorizes in writing the release of his or her name; or

(d)  Upon order of the court for good cause shown. In determining whether good cause exists, the court shall give primary consideration to the best interests of the adoptee, but must also give due consideration to the interests of the adoptive and birth parents. Factors to be considered in determining whether good cause exists include, but are not limited to:

1. The reason the information is sought;

2. The existence of means available to obtain the desired information without disclosing the identity of the birth parents, such as by having the court, a person appointed by the court, the department, or the licensed child-placing agency contact the birth parents and request specific information;

3. The desires, to the extent known, of the adoptee, the adoptive parents, and the birth parents;

4. The age, maturity, judgment, and expressed needs of the adoptee; and

5.  The recommendation of the department, licensed child-placing agency, or professional which prepared the preliminary study and home investigation, or the department if no such study was prepared, concerning the advisability of disclosure.

(5) The adoptee or other person seeking information under this subsection shall pay the department or agency making reports or recommendations as required hereunder a reasonable fee for its services and expenses.

(6)  Subject to the provisions of subsection (4), identifying information regarding the birth parents, adoptive parents, and adoptee may not be disclosed unless a birth parent, adoptive parent, or adoptee has authorized in writing the release of such information concerning himself or herself. Specific names or identifying information must not be given in a family medical history. All nonidentifying information, including the family medical history and social history of the adoptee and the birth parents, when available, must be furnished to the adoptive parents before the adoption becomes final and to the adoptee, upon the adoptee’s request, after he or she reaches majority. Upon the request of the adoptive parents, all nonidentifying information obtained before or after the adoption has become final must be furnished to the adoptive parents.

(7) The court may, upon petition of an adult adoptee, for good cause shown, appoint an intermediary or a licensed child-placing agency to contact a birth parent who has not registered with the adoption registry pursuant to s. 63.165 and advise them of the availability of same.
Return to list of states.

 

Links

 

Follow Bastard Nation

new! Bastard Nation Analysis and Endorsement of the Adoptee Citizenship Act 2015

new!  Bastard Nation Analysis and Endorsement of the Adoptee Citizenship Act 2015

Stop deporting our brothers and sisters!

Bastard Nation Executive Committee and LegCom page

Bastard Nation Executive Committee and LegCom page

Read about Bastard Nation leadership

THE BASTARD BOUTIQUE IS NOW OPEN! STOCK UP ON BASTARD SWAG FOR YOURSELF, YOUR FRIENDS. GIVE THE GIFT OF BASTARDY TO ANYONE, ANY TIME, ANY WHERE.

THE BASTARD BOUTIQUE IS NOW OPEN!  STOCK UP ON BASTARD SWAG FOR YOURSELF, YOUR FRIENDS. GIVE THE GIFT OF BASTARDY TO ANYONE, ANY TIME, ANY WHERE.

Your one-stop shopping for everything Bastard is now live. You can get our latest Bastard Nation swag at the Bastard Boutique. Quantities are limited! -- CLICK THE PIC!

FACEBOOK OFFICIAL BN PAGE

FACEBOOK OFFICIAL BN PAGE

Join us on the Official Bastard Nation Facebook page. The only "adoption" page on Facebook dedicated to discussion and promotion of adoptee autonomy, civil rights, bastard theory, political organizing, and activism. You can also sign up there for our BN mail list which includes all of our Action Alerts. This is not a search and support page. No Woundies need apply! (Page live on July 1, 2015)

FACEBOOK SOCIAL BN PAGE

FACEBOOK SOCIAL BN PAGE

Join the Bastard Nation Public Page, a public service for Bastard Nationals, friends and supporters. General discussion on adoptee rights and related issues.

TWITTER

TWITTER

Join us on Twitter. All the Bastardly news fit to tweet!

PINTEREST

PINTEREST

Join us on Pinterest. Bastard icons, images, members, actions, politics, and fun. And Christopher Walken!

Become a Bastard Nation Legislative Liaison!

Become a Bastard Nation Legislative Liaison!

Bastard Nation needs Legislative Liaisons in every state with laws that seal adoption records. We need eyes and ears in the legislatures, creating relationships and gathering information.

What does a BN Legislative Liaison do? They talk with lawmakers and their staff about adoptee rights and the laws that seal records. They distribute Bastard Nation position papers and FAQs to legislators and staff members. They record their conversations and report to the BN Legislative Committee.

They are organized, informed, friendly, helpful, and engaged.

What do you need to do to be a BN Legislative Liaison?

1. You need to live close to the capitol of your state.
2. You need to be able to appear friendly, even when talking with people who disagree with you or are just disagreeable, period.
3. You need to have a flexible schedule.
4. You need to agree with Bastard Nation’s mission: If you don’t know what that is, go to bastardnation.org, it’s right there on our welcome page.

Those are the prerequisites. If you are interested, click the picture of the capitol rotunda, and fill out the application form. We will be in touch and schedule an online orientation and training.

We look forward to working with you!

Read what real live adoptees have to say about secret adoption and sealed records....A service of Bastard Nation and Emma Pea! Fighting adoptacrats since 1996.

Hit the pic for archives.

PUBLIC SERVICE ANNOUNCEMENT: Meet Sharley!

PUBLIC SERVICE ANNOUNCEMENT:  Meet Sharley!

Bastard Nation Moms Club

Bastard Nation Moms Club

Bastard Nation is gathering the names of moms who are willing to step forward and say that they were never promised confidentiality. If you are willing to participate, please comment this status. Your name (and if you choose, the relinquishment date) will be added to a list used in newspaper ads and to educate legislators.

Bastard Nation Action Alerts (from old BN page)

Bastardly Books by Bastards and Friends

-

  Photobucket

Click Here To Enter

-

 

Recent Comments

bastard-chronicles

bastard-chronicles

Help us celebrate 20 years of bastardy! Bastard Nation is proud to announce the publication of "The Bastard Chronicles: 20 Years of Adoptee Equality Activism in the U.S.and the Birth of a Bastard Nation", Compiled and edited by Marla Paul, "The Bastard Chronicles" is primer for adoptee equality. It features a diverse collection of Bastard theory, and practice, Bastard and Bastard Nation history, legislative and political action, personal stories, art, and literature. It is the public face of Class Bastard written by Bastard Nationals and those we have influenced. Get yours in time for the holidays. Available at Amazon in print and Kindle today. (After the first of the year the print edition will also be available through the Bastard Boutique.

Join Bastard Nation!

Join Bastard Nation!

This summer we are updating our membership/donation page and payment process. If you would like to join or donate, please hit the spemrie. It will take you to our Bastard Boutique page. Follow instructions from there. Be sure to include a quick note with your contact information and anything else you'd like us us know..

My, my it’s American Bastard Pie! (design by Lisa Zatonsky)

My, my it’s American  Bastard Pie! (design by Lisa Zatonsky)

See our state partners:

See our state partners:

Proud Bastard Nation Partner: CalOpen

Proud Bastard Nation Partner: CalOpen

Proud Bastard Nation Partner: Indiana Open Access

Proud Bastard Nation Partner: Indiana Open Access

Proud Bastard Nation Partner: Michigan Open Access

Proud Bastard Nation Partner:  Michigan Open Access

Proud Bastard Nation Partner: Missouri Open

Proud Bastard Nation Partner:  Missouri Open

Proud Bastard Nation Partner: Equal Access Oklahoma

Proud Bastard Nation Partner: Equal Access Oklahoma

Proud Bastard Nation Partner: Open Adoption Records in Quebec

Proud Bastard Nation Partner: Open Adoption Records in Quebec

SAMPLE STATE ORGANIZATION RESOLUTION AGAINST VETOES AND OTHER RESTRICTIONS

SAMPLE STATE ORGANIZATION RESOLUTION AGAINST VETOES AND OTHER RESTRICTIONS

Any political organization seeking to enact true open records legislation should be very clear with both their constituents and the legislators they work with about what the essential provisions of the proposed bill are. Any modification or deletion of the essential provisions of a bill should be immediate cause to have the bill killed.

Any political organization seeking the assistance of Bastard Nation to pass open records legislation must hold unconditional access by adult adoptees to the original record of their birth as an essential provision that cannot be modified or deleted. Read our Mission Statement.

Bastard Nation will not assist any political organization to pass open records legislation unless their governing board or other leadership

passes a written resolution such as the following that commits the board to a strategy of no compromise on key provisions
informs its constituents of this commitment and this strategy
informs the sponsoring legislators of this commitment and this strategy.

WHEREAS we recognize that disclosure and contact vetoes, redactions, mandatory intermediaries and registry provisions are an affront to the dignity of adopted persons everywhere and a violation of their right to due process and equal treatment under the law,

WHEREAS there has been a demonstrable negative effect on the ability to pass unconditional open records in states that have passed veto legislation and/or any provisions that are less than unconditional access on demand by the adult adoptee,

WHEREAS our primary goal is to restore the right of adult adoptees everywhere to be treated as full citizens under the law,

WE HEREBY DECLARE that under no circumstances will we accept the addition of veto, redaction, intermediary, or registry provisions, or any conditional provisions to our legislation that would be less than unconditional access for adult adoptees to the original record of their birth. All legislative sponsors and members of this organization will be informed of our policy on this matter to ensure that the bill is pulled promptly in the event of such revisions.