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Florida Statute 63.042 | Lawyer Caselaw & Research
F.S. 63.042 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 63.042

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
F.S. 63.042
63.042 Who may be adopted; who may adopt.
(1) Any person, a minor or an adult, may be adopted.
(2) The following persons may adopt:
(a) A husband and wife jointly;
(b) An unmarried adult; or
(c) A married person without the other spouse joining as a petitioner, if the person to be adopted is not his or her spouse, and if:
1. The other spouse is a parent of the person to be adopted and consents to the adoption; or
2. The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child.
(3) No person eligible under this section shall be prohibited from adopting solely because such person possesses a physical disability or handicap, unless it is determined by the court or adoption entity that such disability or handicap renders such person incapable of serving as an effective parent.
(4) No person eligible under this section shall be prohibited from adopting solely because he or she desires to educate the adopted child at home.
History.s. 4, ch. 73-159; s. 1, ch. 77-140; s. 1, ch. 80-194; s. 4, ch. 92-96; s. 336, ch. 95-147; s. 4, ch. 2003-58; s. 2, ch. 2015-130.

F.S. 63.042 on Google Scholar

F.S. 63.042 on Casetext

Amendments to 63.042


Arrestable Offenses / Crimes under Fla. Stat. 63.042
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.042.



Annotations, Discussions, Cases:

Cases from cite.case.law:

I. B. J. S. v. In ADOPTION OF Z. E. S. a, 238 So. 3d 847 (Fla. App. Ct. 2018)

. . . However, the trial court found that the adoption was not authorized by section 63.042(2)(c), Florida . . . trial and appellate courts focused on whether the father was a person "who may adopt" under section 63.042 . . .

RODRIGUEZ, v. In ADOPTION OF RODRIGUEZ,, 219 So. 3d 944 (Fla. Dist. Ct. App. 2017)

. . . Section 63.042 establishes who may adopt and who may be adopted. . . . The public policy of Florida expressly permits the adoption of adults. § 63.042(1), Fla. . . .

In ADOPTION OF D. P. P. G. P. v. C. P., 158 So. 3d 633 (Fla. Dist. Ct. App. 2014)

. . . court agreed that it never had subject matter jurisdiction to grant the adoption pursuant to sections 63.042 . . .

M. D. C. v. B. N. M. J., 117 So. 3d 489 (Fla. Dist. Ct. App. 2013)

. . . Because we conclude that the trial court erred in ruling that this action was not authorized by section 63.042 . . . The trial court reasoned that “the plain language of [section 63.042(2)(c) ], especially when taken in . . . Under Florida law, “[a]ny person, a minor or adult, may be adopted.” § 63.042(1), Fla. . . . to the adoption is excused by the court for good cause shown or in the best interest of the child. § 63.042 . . . reinstate the amended petition and conduct an evidentiary hearing to determine, pursuant to section 63.042 . . .

DENNIS, Co- v. D. KLINE N. A. Co-, 120 So. 3d 11 (Fla. Dist. Ct. App. 2013)

. . . In re Adoption of Holland, 965 So.2d 1213, 1214 (Fla. 5th DCA 2007) (citing § 63.042(1), Fla. . . . See § 63.042, Fla. Stat. (2011). . . . See, e.g., § 63.042(2)(e), Fla. . . . Section 63.042(1), Florida Statutes (2011) provides that "[a]ny person, a minor or an adult, may be adopted . . .

D. M. v. ELIZABETH R. BERKOWITZ, PA,, 112 So. 3d 575 (Fla. Dist. Ct. App. 2013)

. . . He also argued that section 63.042, Florida Statutes, violates the equal protection clause of the constitution . . .

FAZZINI, v. DAVIS,, 98 So. 3d 98 (Fla. Dist. Ct. App. 2012)

. . . See § 63.042(2)(c)(l), Fla. Stat. (2010). It goes without peradventure that Mr. . . .

T. M. H. v. D. M. T., 79 So. 3d 787 (Fla. Dist. Ct. App. 2011)

. . . Section 63.042(3) does not Support the Trial Court’s Ruling that Section 742.14 Deprives Appellant of . . . manner utilized by her and Appellant and that this disapproval is evident in the provisions of section 63.042 . . . X.X.G., 45 So.3d 79, 92 (Fla. 3d DCA 2010), has recently held that “subsection 63.042(3), Florida Statutes . . . the record from the trial court was insufficient to determine a constitutional challenge to section 63.042 . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. In ADOPTION OF X. X. G. N. R. G., 45 So. 3d 79 (Fla. Dist. Ct. App. 2010)

. . . changes in law and Department of Children and Families’ policy after the Legislature enacted subsection 63.042 . . . After 1977 The Department, while acknowledging a general obligation to follow Florida law (including § 63.042 . . . parent, rejecting a claim that the Washington adoption was contrary to Florida public policy under § 63.042 . . . Conclusion In striking the categorical ban of section 63.042(3) on equal protection grounds, we need . . . the Department’s decisions (a) not to appeal the 2008 Monroe County circuit court decision finding § 63.042 . . . A single adult is specifically allowed to adopt. § 63.042(2)(b), Fla. Stat. . . . Stat. § 63.042(2)(b). 2. . . . Stat. § 63.042(4). 10. . . . Stat. § 63.042(3). 51. . . . But for Section [63.042(3) ], Fla. . . .

LIBERTY COUNSEL, v. FLORIDA BAR BOARD OF GOVERNORS,, 12 So. 3d 183 (Fla. 2009)

. . . . § 63.042(3) unconstitutional and allowed homosexual foster parents to adopt two brothers they had raised . . . explain that this case does not concern the merits of the underlying case, that is, whether section 63.042 . . .

EMBRY, v. RYAN,, 11 So. 3d 408 (Fla. Dist. Ct. App. 2009)

. . . enforce the judgment because granting parental rights to a former same-sex partner contravenes section 63.042 . . . Unlike section 63.042, section 63.192 does not exclude homosexuals from its provisions. Thus, Ms. . . .

HOLLAND, In ADOPTION, 965 So. 2d 1213 (Fla. Dist. Ct. App. 2007)

. . . . § 63.042(1), Fla. Stat. (2007). . . .

L. WAKEMAN, v. B. DIXON,, 921 So. 2d 669 (Fla. Dist. Ct. App. 2006)

. . . . § 63.042(3), Fla. Stat. (2005). . . .

CITIZENS FOR EQUAL PROTECTION, INC. a a ACLU a v. C. BRUNING, O., 368 F. Supp. 2d 980 (D. Neb. 2005)

. . . Stat. ch. 63.042(3) (homosexuals); N.H.Rev. Stat. Ann. § 170-B:4 (two unmarried people); Lofton v. . . .

BUCKNER v. FAMILY SERVICES OF CENTRAL FLORIDA, INC., 876 So. 2d 1285 (Fla. Dist. Ct. App. 2004)

. . . In Lofton, the Eleventh Circuit concluded section 63.042(3), Florida Statutes (2003), which prevents . . .

LOFTON, v. SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, H. R. S. XI X, 377 F.3d 1275 (11th Cir. 2004)

. . . . § 63.042(3) (2003), which provides that “[n]o person eligible to adopt under this statute may adopt . . . Stat. § 63.042(l)(b) (2003). . . . As Florida Statute § 63.042(l)(b) makes explicit, the fact that two persons are married does not make . . .

LOFTON, v. SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, H. R. S. XI X, 358 F.3d 804 (11th Cir. 2004)

. . . BIRCH, Circuit Judge: In this appeal, we decide the states’ rights issue of whether Florida Statute § 63.042 . . . Stat. § 63.042(3) (2002). . . . Stat. § 63.042(3), wrote to the American Civil Liberties Union (“ACLU”) and informed it that Lofton and . . . Stat. § 63.042(3) unconstitutional and to enjoin its enforcement. . . . Stat. § 63.042(3) provides: "No person eligible to adopt under this statute may adopt if that person . . .

GANT, v. SABINE PILOTS, E. R. L. G. E. J. D. S. J. L. R. M. H. J. H. O. R. E. M. A. C. B. K. I. D. M. M. D. C. A. E. K. A., 204 F. Supp. 2d 977 (E.D. Tex. 2002)

. . . In fact, under sections 63.003 and 63.042 of the Texas Transportation Code, the Commission does not select . . . Code §§ 63.003, 63.042. . . . .

HAUSMANN, DOE, v. L. M. J. M., 806 So. 2d 511 (Fla. Dist. Ct. App. 2001)

. . . Section 63.042, which covers who may adopt a child, provides that a husband and wife may jointly adopt . . . See § 63.042(3),(4), Fla. Stat. (1999). . . .

LOFTON E. Jr. v. A. KEARNEY, s XI s, 157 F. Supp. 2d 1372 (S.D. Fla. 2001)

. . . The issue before this Court is whether Florida Statute § 63.042(3) (“homosexual adoption provision”) . . . The homosexual adoption provision provides in pertinent part: 63.042. . . . Stat. sec 63.042(3).” (Answer to Am. Compl. at ¶ 11.) . . .

Y. H. v. F. L. H. K. W. H., 784 So. 2d 565 (Fla. Dist. Ct. App. 2001)

. . . While most individuals are eligible to adopt a child to whom they are a legal stranger, see section 63.042 . . .

RICKARD, v. McKESSON,, 774 So. 2d 838 (Fla. Dist. Ct. App. 2000)

. . . She alleged that McKesson and Blackwell were a gay couple, that the adoption violated section 63.042( . . .

LOWE, v. BROWARD COUNTY,, 766 So. 2d 1199 (Fla. Dist. Ct. App. 2000)

. . . . § 63.042(2)(a)); equal rights in property acquired during the marriage (Fla.Stat. § 61.075); the right . . .

LOFTON E. Jr. v. A. BUTTERWORTH, Jr. A. s X s XI s, 93 F. Supp. 2d 1343 (S.D. Fla. 2000)

. . . INTRODUCTION Plaintiffs challenge the constitutionality of Florida Statute § 63.042(3) barring a homosexual . . . Smith and Skahen are currently residents of Key West, Florida, however, the Bradleys allege that § 63.042 . . . was rejected by the Florida Department of Children and Families because he was disqualified under § 63.042 . . . Circuit Court for the Eleventh Judicial Circuit to adopt Roe” but is automatically disqualified under § 63.042 . . . F.S. § 63.042. . . .

L. J. R. L. J. R. II, v. T. T., 739 So. 2d 1283 (Fla. Dist. Ct. App. 1999)

. . . Among those whom section 63.042(2)(b), Florida Statutes (1997), names as persons who may adopt is an . . .

KAZMIERAZAK, v. S. QUERY,, 736 So. 2d 106 (Fla. Dist. Ct. App. 1999)

. . . The real problem in this area is section 63.042(3), Florida Statutes (1997), which prevents someone like . . . Neither this court nor the supreme court has ruled on the constitutionality of section 63.042(3) under . . .

C. S. J. S. v. S. H. K. H., 671 So. 2d 260 (Fla. Dist. Ct. App. 1996)

. . . Since any adult can file a petition for adoption, see § 63.042(2), Fla.Stat., the trial court’s reasoning . . .

A. STEFANOS, v. RIVERA- BERRIOS,, 673 So. 2d 12 (Fla. 1996)

. . . Section 63.042(2)(b), Florida Statutes (Supp. 1992) allows an unmarried adult to adopt, including the . . .

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. DOE B. M. BROWNS, v. DOE B. M., 659 So. 2d 697 (Fla. Dist. Ct. App. 1995)

. . . claimed by the Does in their motion to intervene is (1) that they are qualified pursuant to section 63.042 . . .

W. COX, v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 656 So. 2d 902 (Fla. 1995)

. . . Cox, 627 So.2d 1210 (Fla. 2d DCA 1993), which expressly declared valid section 63.042(3), Florida Statutes . . . HRS then denied them the opportunity to attend based on the homosexual exclusion contained in section 63.042 . . . On March 13, 1993, the trial court entered its summary judgment striking section 63.042(3) on its face . . . The court also held that section 63.042(3) was not violative of due process protections afforded under . . . Finally, the court held that section 63.042(3) did not violate the equal protection guarantees provided . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. W. COX M., 627 So. 2d 1210 (Fla. Dist. Ct. App. 1993)

. . . Each has been denied the opportunity to apply to adopt a child because section 63.042(3), Florida Statutes . . . HOMOSEXUAL ACTIVITY Section 63.042(3) does not define “homosexual.” . . . If possible, this court must construe section 63.042(3) in a manner that upholds the statute. . . . On its face, section 63.042(3) does not implicate these concerns. . . . OPINION Plaintiff, EDWARD SEEBOL, challenges the unconstitutionality of § 63.042(3), Fla. . . .

In Re W. L. C. ARD v. GUSTAFSON, 348 So. 2d 65 (Fla. Dist. Ct. App. 1977)

. . . of Gustafson’s cross-petition for adoption but she is not a person permitted to adopt under Section 63.042 . . . trial court did not excuse this failure to join or consent for any of the reasons set forth in Section 63.042 . . .