Posted by Nydia Streets of Streets Law in Florida Adoption
Can a parent voluntarily terminate his or her parental rights in Florida? As stated in a recent Florida family law appellate opinion, “‘In Florida, there are only two means by which a parent’s rights may be terminated: one is through adoption pursuant to Florida Statutes Chapter 63 and the other is through the strict procedures set forth in Florida Statutes Chapter 39, specifically sections 39.46 through 39.469.’” Oral v. Oral, 5D20-2081 (Fla. 5th DCA July 30, 2021) (internal citations omitted). Simply put, parental rights can be terminated via adoption or a dependency action.
In the Oral case, the parties were divorced in 2007 and at that time shared parental responsibility was awarded. Some time later a petition for modification was filed based on allegations that the former husband was exposing the parties’ child to pornography and other inappropriate sexual contact and material. The former husband was eventually relegated to supervised visits with the child, as well as a period of no contact. After contentious litigation, the former husband moved to terminate his own parental rights, claiming the same was in the best interest of the child because of the “never-ending battle” imposed by litigation.
The former husband eventually signed a stipulation in which he agreed to terminate his parental rights in exchange for cancellation of any past and future child support owed by him. The agreement stated the former husband had three days to revoke his consent to termination of his parental rights. Four months after signing the stipulation, the former husband moved to set aside the stipulation claiming he was under duress when it was signed (due to the threat of incarceration for unpaid child support at the time), and that he intended to revoke his consent via a petition for modification of parental responsibility and reinstatement of timesharing that he filed two days after the stipulation was signed four months earlier. After a hearing, a general magistrate ratified the stipulation, and although the former husband filed a motion for exceptions to the general magistrate’s report, he did not provide a transcript of the proceedings, so his exceptions were denied. The former husband appealed.
On appeal, the former husband argued the stipulation should not have been ratified because it did not follow the procedures set out in Chapter 63 of the Florida Statutes for termination of his parental rights. The appellate court held “While Former Husband is correct that neither of those procedures were utilized prior to entering into the Stipulation, his argument nonetheless fails because Former Wife has taken no action to either formally terminate his parental rights or go forward with a step-parent adoption. Nor did the trial court enter an order terminating Former Husband’s parental rights. His parental rights are still intact and will remain intact until an appropriate party successfully petitions for their termination. Similarly, the trial court’s order does not preclude Former Wife from receiving child support or the Department of Revenue from contesting the Stipulation’s enforceability. Ultimately, the Stipulation—irrespective of its validity—does nothing to bring this case to an end. The no-contact order remains in effect. Accordingly, we affirm the trial court’s order approving the magistrate’s [Report and Recommendations].”
The court went further and commented on the stipulation’s child support provisions, holding “Notwithstanding our disposition, we note that to the extent the Stipulation sought to terminate Former Husband’s parental rights in exchange for the elimination of his past due child support, it was void. [. . .] Florida law is clear that parents may not contract away the rights of their children to support, as that right belongs to the child, not the parent. Florida law is equally clear that agreements such as the Stipulation in this case are void and therefore unenforceable as contrary to public policy. The Stipulation purported to extinguish all prior owed child support and abate any child support in the interim between the Stipulation and the ultimate termination of parental rights order and adoption. However, a judgment of adoption ‘only relieves that parent from the obligation to make future support payments once the child has been adopted.’” (internal citations omitted).
Termination of parental rights in Florida must be completed under a strict set of circumstances. This is why it is important to consult with a Florida adoption attorney to be sure all appropriate steps are followed.