Legal Opinion

B.B. v. P.J.M.

District Court of Appeal of Florida

Decided May 22, 2006No. 1D05-0510PublishedCited by 2 opinions

1Opinion of the CourtHawkes, J.

We address the necessity of obtaining an unmarried biological father’s consent to the adoption of his child. Florida law requires the father’s consent once he has been identified by any one of several statutorily enumerated methods. Because Appellant was identified by one of the statutorily required methods, the trial court’s order of adoption, entered without Appellant’s consent, is reversed.

Factual and Procedural Background

J.M. was born out of wedlock. At the time of her birth, both J.M. and her mother tested positive for cocaine. Her father, Appellant, was incarcerated. As a consequence of…

2Cases cited5 opinions

  1. Ryan's Furniture Exchange, Inc. v. McNairSupreme Court of Florida · 1935
  2. Scull v. StateSupreme Court of Florida · 1990
  3. J.S. v. S.A.District Court of Appeal of Florida · 2005
  4. S.K.R. v. Department of Children & Family Services & Gift of Life Adoptions, Inc.District Court of Appeal of Florida · 2005
  5. L.W. v. Department of Health & Rehabilitative ServicesDistrict Court of Appeal of Florida · 1996

3Cited by2 opinions

  1. Kasischke v. StateSupreme Court of Florida · 2008
  2. Greenfield v. DanielsSupreme Court of Florida · 2010

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