63.042

Who may be adopted; who may adopt.

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

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Florida Department of Children & Families v. Adoption of X.X.G. (2010) fladistctapp · cites it 53× “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 (1993) fladistctapp · cites it 18× “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. Secretary of the Department of Children & Family Services (2004) ca11 · cites it 4× “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 (2013) fladistctapp · cites it 8× “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 Counsel v. Florida Bar Board of Governors (2009) fla · cites it 8× “[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. (1995) fla · cites it 8× “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 (1993) mass · cites it 4× “Contrast Fla. Stat. § 63.042 (3) (1991) (prohibiting homosexuals from adopting); N.”

Stefanos v. Rivera-Berrios (1996) fla · cites it 4× “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 (2009) fladistctapp · cites it 6× “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 (2001) fladistctapp · cites it 4× “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. (2013) fladistctapp · cites it 8× “” § 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. (2011) fladistctapp · cites it 7× “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…”

Show all 39 citing cases →

— 63.042(1) — 4 cases

Dennis v. Kline (2013) fladistctapp “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. (2013) fladistctapp “” § 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 (2007) fladistctapp

Rodriguez v. in Re: The Adoption of Mariana Andrea Rodriguez (2017) fladistctapp

— 63.042(2) — 6 cases

Stefanos v. Rivera-Berrios (1996) fla “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. (2001) fladistctapp

C.S. v. S.H. (1996) fladistctapp

Yh v. Flh (2001) fladistctapp

— 63.042(2)(a) — 2 cases

Lowe v. Broward County (2000) fladistctapp

Hausmann Ex Rel. Doe v. LM (2001) fladistctapp “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 Department of Children & Families v. Adoption of X.X.G. (2010) fladistctapp “Fla. Stat. § 63.042 (2)(b). 2. The State makes over a third of its adoptive placements with single adults.”

L.J.R. v. T.T. (1999) fladistctapp

Yh v. Flh (2001) fladistctapp

Ljr v. Tt (1999) fladistctapp

— 63.042(2)(c) — 2 cases

IRIS BERGMAN and JOHN STIGLICH v. IN RE: ADOPTION OF Z.E.S., A CHILD (2018) fladistctapp

— 63.042(2)(c)(l) — 1 case

Fazzini v. Davis (2012) fladistctapp

— 63.042(2)(d) — 1 case

Ard v. Gustafson (1977) fladistctapp

— 63.042(2)(e) — 1 case

— 63.042(3) — 17 cases

Florida Department of Children & Families v. Adoption of X.X.G. (2010) fladistctapp “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 (1993) fladistctapp “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 Counsel v. Florida Bar Board of Governors (2009) fla “[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. (1995) fla “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. (2011) fladistctapp “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 Department of Children & Families v. Adoption of X.X.G. (2010) fladistctapp “Fla. Stat. § 63.042 (2)(b). 2. The State makes over a third of its adoptive placements with single adults.”

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