Dept of Health v. Adoption of Baby Gilli

• Court: Florida District Court of Appeals
• Writing for the Court: Non-Final Appeal from the Circuit Court for Volusia County, Edwin P. B. Sanders; Cobb; Under the above rationale
• Citation: Dept of Health v. Adoption of Baby Gilli, 746 So.2d 1172 (Fla. App. 1999)
• Decision Date: 03 December 1999
• Docket Number: No. 99-596,99-596
• Parties: (Fla.App. 5 Dist. 1999) DEPARTMENT OF HEALTH, OFFICE OF VITAL STATISTICS, APPELLANT, v. THE ADOPTION OF BABY GILLI, APPELLEE. Case

Page 1172

746 So.2d 1172 (Fla.App. 5 Dist. 1999)

DEPARTMENT OF HEALTH, OFFICE OF VITAL STATISTICS, APPELLANT, v. THE ADOPTION OF BABY GILLI, APPELLEE.

Case No. 99-596

Florida Court of Appeals, Fifth District.

December 3, 1999

Non-Final Appeal from the Circuit Court for Volusia County, Edwin P. B. Sanders, Judge.

Janine B. Myrick, Senior Attorney, Department of Health, Office of Vital Statistics, Tallahassee, for Appellant.

No Appearance for Appellee.

Cobb, J.

This appeal arises from a petition for adoption information filed on September 15, 1998 by Beverly Outlaw (birth mother of Baby Gilli) in the Circuit Court of Volusia County, Florida. The petition requested all information concerning the adoption of her now adult girl who was born on March 3, 1953. Additionally, Outlaw requested "all information to be released to Bertie Hunt as court intermediary." The reason given by Outlaw for the request was that her daughter had a "right to know her heritage" and Outlaw wanted to tell her the reasons why she was placed for adoption. Finally, Outlaw indicated that "there is a need for medical information to be given to her."

On September 17, 1998, the lower court appointed Bertie Hunt, who was a notary and private investigator in Orange County, Florida, as intermediary and ordered that she could receive all identifying information concerning the adoption and all records relating to the adoption. The intermediary was appointed to act as an agent to determine whether the adoptive family or adoptee could be located and would consent to the release of identifying information.

The Department of Health, Office of Vital Statistics, filed a motion for relief pursuant to Rule 1.540 from the order appointing the intermediary and releasing adoption information. The Department challenged, inter alia, the jurisdiction of the Volusia County Circuit Court since it was not the court that entered the judgment of adoption. That judgment was entered by the Orange County Circuit Court. The circuit court below rejected the arguments of the Department, including those directed to the issue of jurisdiction. The court noted that all circuit courts in Florida have jurisdiction over adoptions and that a birth parent should not have to seek out the correct one.

We disagree with the jurisdictional analysis of the court below. Clearly, all circuit courts within the State of Florida have subject matter jurisdiction to hear adoptions and related proceedings. §§ 63.032(3), Fla. Stat. (1997). However, that is not the question. As stated by the First District...