Florida Statutes
Fla. Stat. § 63.042 (2025)
Who may be adopted; who may adopt.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 39
cases (1 in the last 5 years), 1977–2025 · leading case: Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010).
Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010). “Fla. Stat. § 63.042 (2)(b). 2. The State makes over a third of its adoptive placements with single adults.”
State, Dept. of Health v. Cox, 627 So. 2d 1210 (Fla. 2d DCA 1993). “Each has been denied the opportunity to apply to adopt a child because section 63.042(3), Florida Statutes (1991), prohibits adoptions by homosexuals.”
Lofton v. Sec'y of the Dep't of Child. & Fam. Servs., 358 F.3d 804 (11th Cir. 2004). “77-140, § 1, Fla. Stat. § 63.042 (3) (2002). 1 For purposes of this statute, Florida courts have defined the term “homosexual” as being “limited to applicants who are known to engage in current, voluntary homosexual activity,” thus drawing “a distinction between homosexual…”
Dennis v. Kline, 120 So. 3d 11 (Fla. 4th DCA 2013). “See § 63.042, Fla. Stat. (2011). 7 In limited circumstances, the Legislature has codified its disapproval of certain adoptive relationships, exemplified by the limitation on adopting one’s spouse.”
Liberty Couns. v. Florida Bar Bd. of Governors, 12 So. 3d 183 (Fla. 2009). “[7] At the outset, we explain that this case does not concern the merits of the underlying case, that is, whether section 63.042(3), Florida Statutes (2008), is constitutional.”
Cox v. Fla. Dept. of Health & Rehab. Srvs., 656 So. 2d 902 (Fla. 1995). “2d DCA 1993), which expressly declared valid section 63.042(3), Florida Statutes (1991), and expressly construed several provisions of the Florida Declaration of Rights.”
Adoption of Tammy, 619 N.E.2d 315 (Mass. 1993). “Contrast Fla. Stat. § 63.042 (3) (1991) (prohibiting homosexuals from adopting); N.”
Stefanos v. Rivera-Berrios, 673 So. 2d 12 (Fla. 1996). “While most individuals are eligible to adopt a child to whom they are a legal stranger, see section 63.042(2), Florida Statutes (1991), they have no right to intervene in someone else's adoption proceeding with that child.”
Embry v. Ryan, 11 So. 3d 408 (Fla. 2d DCA 2009). “Ryan argues that the trial court was not required to enforce the judgment because granting parental rights to a former same-sex partner contravenes section 63.042, Florida Statutes (2007), which prohibits adoption by a homosexual.”
Hausmann Ex Rel. Doe v. LM, 806 So. 2d 511 (Fla. 4th DCA 2001). “Section 63.042, which covers who may adopt a child, provides that a husband and wife may jointly adopt.”
M.D.C. v. B.N.M.J., 117 So. 3d 489 (Fla. 1st DCA 2013). “” § 63.042(1), Fla. Stat. (2012). The statutorily enumerated list of those who may adopt includes: (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…”
T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011). “14 Deprives Appellant of her Parental Rights Appellee argues that the Legislature disapproves of children being conceived in the manner utilized by her and Appellant and that this disapproval is evident in the provisions of section 63.042(3), Florida Statutes, which prohibits…”
— 63.042(1) — 4 cases
Dennis v. Kline, 120 So. 3d 11 (Fla. 4th DCA 2013). “See § 63.042, Fla. Stat. (2011). 7 In limited circumstances, the Legislature has codified its disapproval of certain adoptive relationships, exemplified by the limitation on adopting one’s spouse.”
M.D.C. v. B.N.M.J., 117 So. 3d 489 (Fla. 1st DCA 2013). “” § 63.042(1), Fla. Stat. (2012). The statutorily enumerated list of those who may adopt includes: (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…”
In Re Adoption of Holland, 965 So. 2d 1213 (Fla. 5th DCA 2007).
Rodriguez v. in Re: The Adoption of Mariana Andrea Rodriguez, 219 So. 3d 944 (Fla. 3d DCA 2017).
— 63.042(2) — 6 cases
Stefanos v. Rivera-Berrios, 673 So. 2d 12 (Fla. 1996). “While most individuals are eligible to adopt a child to whom they are a legal stranger, see section 63.042(2), Florida Statutes (1991), they have no right to intervene in someone else's adoption proceeding with that child.”
Y.H. v. F.L.H., 784 So. 2d 565 (Fla. 1st DCA 2001).
C.S. v. S.H., 671 So. 2d 260 (Fla. 4th DCA 1996).
M.D.C. v. B.N.M.J., 117 So. 3d 489 (Fla. 1st DCA 2013). “” § 63.042(1), Fla. Stat. (2012). The statutorily enumerated list of those who may adopt includes: (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…”
Yh v. Flh, 784 So. 2d 565 (Fla. 1st DCA 2001).
— 63.042(2)(a) — 2 cases
Lowe v. Broward Cnty., 766 So. 2d 1199 (Fla. 4th DCA 2000).
Hausmann Ex Rel. Doe v. LM, 806 So. 2d 511 (Fla. 4th DCA 2001). “Section 63.042, which covers who may adopt a child, provides that a husband and wife may jointly adopt.”
— 63.042(2)(b) — 5 cases
Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010). “Fla. Stat. § 63.042 (2)(b). 2. The State makes over a third of its adoptive placements with single adults.”
Stefanos v. Rivera-Berrios, 673 So. 2d 12 (Fla. 1996). “While most individuals are eligible to adopt a child to whom they are a legal stranger, see section 63.042(2), Florida Statutes (1991), they have no right to intervene in someone else's adoption proceeding with that child.”
L.J.R. v. T.T., 739 So. 2d 1283 (Fla. 1st DCA 1999).
Yh v. Flh, 784 So. 2d 565 (Fla. 1st DCA 2001).
Ljr v. Tt, 739 So. 2d 1283 (Fla. 1st DCA 1999).
— 63.042(2)(c) — 2 cases
M.D.C. v. B.N.M.J., 117 So. 3d 489 (Fla. 1st DCA 2013). “” § 63.042(1), Fla. Stat. (2012). The statutorily enumerated list of those who may adopt includes: (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…”
Iris Bergman & John Stiglich v. In Re: Adoption of Z.e.s., a Child, 238 So. 3d 847 (Fla. 4th DCA 2018).
— 63.042(2)(c)(l) — 1 case
Fazzini v. Davis, 98 So. 3d 98 (Fla. 2d DCA 2012).
— 63.042(2)(d) — 1 case
Ard v. Gustafson, 348 So. 2d 65 (Fla. 1st DCA 1977).
— 63.042(2)(e) — 1 case
Dennis v. Kline, 120 So. 3d 11 (Fla. 4th DCA 2013). “See § 63.042, Fla. Stat. (2011). 7 In limited circumstances, the Legislature has codified its disapproval of certain adoptive relationships, exemplified by the limitation on adopting one’s spouse.”
— 63.042(3) — 17 cases
Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010). “Fla. Stat. § 63.042 (2)(b). 2. The State makes over a third of its adoptive placements with single adults.”
State, Dept. of Health v. Cox, 627 So. 2d 1210 (Fla. 2d DCA 1993). “Each has been denied the opportunity to apply to adopt a child because section 63.042(3), Florida Statutes (1991), prohibits adoptions by homosexuals.”
Liberty Couns. v. Florida Bar Bd. of Governors, 12 So. 3d 183 (Fla. 2009). “[7] At the outset, we explain that this case does not concern the merits of the underlying case, that is, whether section 63.042(3), Florida Statutes (2008), is constitutional.”
Cox v. Fla. Dept. of Health & Rehab. Srvs., 656 So. 2d 902 (Fla. 1995). “2d DCA 1993), which expressly declared valid section 63.042(3), Florida Statutes (1991), and expressly construed several provisions of the Florida Declaration of Rights.”
T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011). “14 Deprives Appellant of her Parental Rights Appellee argues that the Legislature disapproves of children being conceived in the manner utilized by her and Appellant and that this disapproval is evident in the provisions of section 63.042(3), Florida Statutes, which prohibits…”
— 63.042(4) — 1 case
Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010). “Fla. Stat. § 63.042 (2)(b). 2. The State makes over a third of its adoptive placements with single adults.”
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