Posted by Nydia Streets of Streets Law in Florida Adoption

Generally, adoption records in Florida are sealed, meaning they cannot be viewed by the public. A petition can be filed to release information from the file, but certain requirements and steps must be filed. This was an issue in the case Janik v. In re: The Adoption of M.D.J., etc., 3D23-1680 (Fla. 3d DCA August 14, 2024.

The mother of an adopted child filed a petition under section 63.162(4)(b) of the Florida Statutes for release of certain information from her child’s adoption record. In support, she cited the need for confidential information about the birth mother because the birth mother died and there needed to be a determination as to the child’s heirship. The trial court denied the petition without elaboration. The mother of the adopted child appealed.

The appellate court held “Our record indicates, however, that Appellant did not obtain a recommendation from the Florida Department of Children and Families (or another relevant entity) on the advisability of disclosure, as required by section 63.162(4)(b)5. (See infra n.1). Nor does it appear that Appellant gave notice of hearing to the department, as required by section 63.162(2), which provides: ‘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.’ § 63.162(2), Fla. Stat. (2023).” The court concluded “Because there is no evident basis in our record that the trial court abused its discretion in denying the petition, we affirm without prejudice to Appellant filing another petition consistent with the requirements of sections 63.162(2) and 63.162(4)(b).”

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