Legal Opinion · Dissent

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

District Court of Appeal of Florida

Decided May 22, 2006No. 1D05-0510Published

1DissentWolf, J.

The majority’s reversal of the trial court’s order of adoption is in error. The question posed by this case is whether an unmarried putative biological father, who has taken no affirmative steps to establish his paternity relative to his putative child, should be considered the child’s “father” for purposes of the Florida Adoption Act, see ch. 63, Fla. Stat. (2004), and be required to give his consent to a proposed adoption of the child by others. Despite the issue having never been raised by B.B. in either the trial court or this court, the majority proclaims that B.B.’s consent to the…

2Cases cited23 opinions

  1. Lehr v. RobertsonSupreme Court of the United States · 1983
  2. Holly v. AuldSupreme Court of Florida · 1984
  3. Tillman v. StateSupreme Court of Florida · 1985
  4. Sunset Harbour Condo. Ass'n v. RobbinsSupreme Court of Florida · 2005
  5. Hall v. StateSupreme Court of Florida · 2002

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