Alexander, In re
| Decision Date | 31 January 1968 |
| Docket Number | No. 67--161,67--161 |
| Citation | 206 So.2d 452 |
| Parties | In re Adoption by Steve ALEXANDER and Nepa Alexander, husband and wife. STATE DEPARTMENT OF PUBLIC WELFARE, Appellant, v. Steve ALEXANDER and Nepa Alexander, husband and wife, Appellees. |
| Court | Florida District Court of Appeals |
S. Strome Maxwell, Jacksonville, for appellant.
Robert W. Fields, of O'Brien, Mixon & Bonner, and Stephen J. Ross, Tampa, for appellees.
The appellant appeals a final decree of adoption from the Circuit Court of Hillsborough County. The petitioner-appellees brought a petition for the adoption of one Baby Boy Byrd after having cared for him as foster parents since November 25, 1964, the date of his birth. Baby Boy Byrd had been permanently committed to the care of appellant for subsequent adoption by order of the Juvenile and Domestic Relations Court of Hillsborough County, Florida, pursuant to Florida law.
The petitioner-appellees, as foster parents, signed an agreement with the respondent-appellant. This agreement contained a clause stating that, 'no action for adoption or guardianship may be taken.'
The petitioners cared for Baby Boy Byrd continuously until October 12, 1966, when custody was surrendered to the respondent under conditions set forth in the final decree of the trial court. The respondent did not give its consent to the adoption of Baby Boy Byrd by the petitioners.
The respondent has presented several points on appeal. We feel that the appeal centers around two main questions.
taken,' bar them from seeking the adoption of a child?
To both of these questions we must answer in the negative. In the final decree granting the petition for adoption, the court below has stated:
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BY v. Department of Children and Families
...Services v. B.Y., 863 So.2d 418 (Fla. 4th DCA 2003), which expressly and directly conflicts with the decisions in In re Adoption by Alexander, 206 So.2d 452 (Fla. 2d DCA 1968), and B.B. v. Department of Children & Families, 854 So.2d 822 (Fla. 1st DCA 2003). We have jurisdiction. See art. V......
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Florida Dept. of Health and Rehabilitative Services v. Doe
... ... 1st DCA ... 1988); and (3) where the intervenors are foster parents who have cared for and developed a relationship with the child who is subject to the adoption proceedings, Alexander v. Alexander, 206 So.2d 452 (Fla. 2d DCA 1968). We feel it would be unwise to extend this right to intervenors who have no formal legal or personal relationship with the child prior to the adoption proceedings. See Berhow v. Crow, 423 So.2d 371 (Fla. 1st DCA 1982), where this court ruled that ... ...
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Oxendine v. Catawba County Dept. of Social Services
... ... Accord Knight v. [303 N.C. 709] Deavers, supra; In re McDonald's Adoption, 43 Cal.2d 447, 274 P.2d 860 (1954); In re Adoption by Alexander, 206 So.2d 452 (Fla.App.1968). See also In re Dionisio R., 81 Misc.2d 436, 366 N.Y.S.2d 280 (1975). Consequently, defendant cannot by contract seek to deprive plaintiffs, as foster parents, of standing to challenge the reasonableness of defendant's denial of plaintiffs' request to adopt the minor ... ...
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C.S. v. S.H.
...We agree that the existence of the agreement alone does not preclude the foster parents from adopting. See In re Alexander, 206 So.2d 452 (Fla. 2d DCA 1968). Cf. Berhow v. Crow, 423 So.2d 371 (Fla. 1st DCA 1982).13 Florida Administrative Code Rule 10M-8.002(8) provides a vehicle for the fos......
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Adoption and foster care
...standing to intervene in adoption proceeding of a child who had lived with them for sixteen months). 184. See, e.g. , In re Alexander, 206 So. 2d 452, 452–54 (Fla. Dist. Ct. App. 1968) (stating that adoption is based on the best interests of the child, regardless of other contract); see als......