Florida Statute 63.042 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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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 Citing Statute 63.042

Total Results: 20

IRIS BERGMAN and JOHN STIGLICH v. IN RE: ADOPTION OF Z.E.S., A CHILD

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 238 So. 3d 847

Snippet: that the adoption was not authorized by section 63.042(2)(c), Florida Statutes (2012) (governing when

Rodriguez v. in Re: The Adoption of Mariana Andrea Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

Citation: 219 So. 3d 944, 2017 WL 2348581, 2017 Fla. App. LEXIS 7809

Snippet: establish the required content of the petition. Section 63.042 establishes who may adopt and who may be adopted

Adoption of D.P.P. v. C.P.

Court: District Court of Appeal of Florida | Date Filed: 2014-05-21

Citation: 158 So. 3d 633, 2014 Fla. App. LEXIS 7815, 2014 WL 2109130

Snippet: jurisdiction to grant the adoption pursuant to sections 63.042, 63.102 and 63.172, Florida Statutes, because G

M.D.C. v. B.N.M.J.

Court: District Court of Appeal of Florida | Date Filed: 2013-07-24

Citation: 117 So. 3d 489, 2013 WL 3814319, 2013 Fla. App. LEXIS 11672

Snippet: that this action was not authorized by section 63.042(2)(c), Florida Statutes (2012), we reverse and

Dennis v. Kline

Court: District Court of Appeal of Florida | Date Filed: 2013-06-19

Citation: 120 So. 3d 11, 2013 Fla. App. LEXIS 9614, 2013 WL 3014115

Snippet: So.2d 1213, 1214 (Fla. 5th DCA 2007) (citing § 63.042(1), Fla. Stat. (2007)). Such policy is articulated

D.M. v. Elizabeth R. Berkowitz, PA

Court: District Court of Appeal of Florida | Date Filed: 2013-04-10

Citation: 112 So. 3d 575, 2013 WL 1438253, 2013 Fla. App. LEXIS 5714

Snippet: understanding the consequences. He also argued that section 63.042, Florida Statutes, violates the equal protection

Fazzini v. Davis

Court: District Court of Appeal of Florida | Date Filed: 2012-07-13

Citation: 98 So. 3d 98, 2012 Fla. App. LEXIS 11386, 2012 WL 2865488

Snippet: that she have the consent of Mr. Fazzini. See § 63.042(2)(c)(l), Fla. Stat. (2010). It goes without peradventure

T.M.H. v. D.M.T.

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 79 So. 3d 787

Snippet: rights to equal protection and privacy. B. Section 63.042(3) does not Support the Trial Court’s Ruling that

Tmh v. Dmt

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 79 So. 3d 787, 2011 Fla. App. LEXIS 20502, 2011 WL 6437247

Snippet: rights to equal protection and privacy. B. Section 63.042(3) does not Support the Trial Court's Ruling that

Florida Department of Children & Families v. Adoption of X.X.G.

Court: District Court of Appeal of Florida | Date Filed: 2010-09-22

Citation: 45 So. 3d 79, 2010 Fla. App. LEXIS 14014, 61 A.L.R. 6th 621

Snippet: policy after the Legislature enacted subsection 63.042(3) in 1977. The Adoptive Parent’s Household The

Liberty Counsel v. Florida Bar Board of Governors

Court: Supreme Court of Florida | Date Filed: 2009-06-04

Citation: 12 So. 3d 183, 34 Fla. L. Weekly Supp. 347, 2009 Fla. LEXIS 862

Snippet: court judge in that case. The judge ruled F.S. § 63.042(3) unconstitutional and allowed homosexual foster

Embry v. Ryan

Court: District Court of Appeal of Florida | Date Filed: 2009-05-13

Citation: 11 So. 3d 408, 2009 Fla. App. LEXIS 4633, 2009 WL 1311599

Snippet: to a former same-sex partner contravenes section 63.042, Florida Statutes (2007), which prohibits adoption

In Re Adoption of Holland

Court: District Court of Appeal of Florida | Date Filed: 2007-09-21

Citation: 965 So. 2d 1213, 2007 WL 2736542

Snippet: Florida expressly permits the adoption of adults. § 63.042(1), Fla. Stat. (2007). If, as a result, the adoptee

Lassor v. Agency for Persons with Disabilities

Court: District Court of Appeal of Florida | Date Filed: 2007-05-04

Citation: 958 So. 2d 453, 2007 Fla. App. LEXIS 6786, 2007 WL 1296350

Snippet: receiving services through a support coordinator, § 393.063(42), and direct services providers, § 393.063(12)

Wakeman v. Dixon

Court: District Court of Appeal of Florida | Date Filed: 2006-01-24

Citation: 921 So. 2d 669, 2006 WL 162748

Snippet: Florida law prohibits adoptions by homosexuals. § 63.042(3), Fla. Stat. (2005). Neither party raised these

Buckner v. FAMILY SERVICES OF CENT. FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2004-07-23

Citation: 876 So. 2d 1285, 2004 WL 1635858

Snippet: Lofton, the Eleventh Circuit concluded section 63.042(3), Florida Statutes (2003), which prevents adoption

Hausmann Ex Rel. Doe v. LM

Court: District Court of Appeal of Florida | Date Filed: 2001-11-07

Citation: 806 So. 2d 511, 2001 WL 1008157

Snippet: statutory provisions as being exclusive. Section 63.042, which covers who may adopt a child, provides that

Y.H. v. F.L.H.

Court: District Court of Appeal of Florida | Date Filed: 2001-05-15

Citation: 784 So. 2d 565, 2001 Fla. App. LEXIS 6636

Snippet: to whom they are a legal stranger, see section 63.042(2), Florida Statutes (1991), they have no right

Yh v. Flh

Court: District Court of Appeal of Florida | Date Filed: 2001-05-15

Citation: 784 So. 2d 565, 2001 WL 505254

Snippet: through independent adoption proceedings. Section 63.042(2)(b), Florida Statutes (Supp. 1992) allows an

Rickard v. McKesson

Court: District Court of Appeal of Florida | Date Filed: 2000-12-27

Citation: 774 So. 2d 838, 2000 WL 1873014

Snippet: gay couple, that the adoption violated section 63.042(3), Florida Statutes (1993), which bars homosexuals