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: Fla. Dist. Ct. App. | Date Filed: 2018-03-06T23:53:00-08:00

Snippet: that the adoption was not authorized by section 63.042(2)(c), Florida Statutes (2012) (governing when …father was a person “who may adopt” under section 63.042(2)(c), M.D.C. is not directly on point. The case

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-31T00:00:00-07:00

Citation: 219 So. 3d 944

Snippet: establish the required content of the petition. Section 63.042 establishes who may adopt and who may be adopted…Florida expressly permits the adoption of adults. § 63.042(1), Fla. Stat. (2007). If, as a result, the adoptee

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-21T00:00:00-07:00

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.P

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-24T00:00:00-07:00

Citation: 117 So. 3d 489

Snippet: that this action was not authorized by section 63.042(2)(c), Florida Statutes (2012), we reverse and …court reasoned that “the plain language of [section 63.042(2)(c) ], especially when taken in context with …ny person, a minor or adult, may be adopted.” § 63.042(1), Fla. Stat. (2012). The statutorily enumerated…cause shown or in the best interest of the child. § 63.042(2). Here, B.N.M.J. is clearly eligible for adoption…who may adopt under the plain language of section 63.042(2)(c)2. Thus, no exception to the statutory mandate

Dennis v. Kline

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-19T00:00:00-07:00

Citation: 120 So. 3d 11

Snippet: So.2d 1213, 1214 (Fla. 5th DCA 2007) (citing § 63.042(1), Fla. Stat. (2007)). Such policy is articulated…whether a minor or an adult, may be adopted. See § 63.042, Fla. Stat. (2011).7 In limited circumstances, …limitation on adopting one’s spouse. See, e.g., § 63.042(2)(e), Fla. Stat. (2011) (stating that a married…adoptee” had he known of the adoption. . Section 63.042(1), Florida Statutes (2011) provides that "

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-10T00:00:00-07:00

Citation: 112 So. 3d 575

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

Fazzini v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-13T00:00:00-07:00

Citation: 98 So. 3d 98

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: Fla. Dist. Ct. App. | Date Filed: 2011-12-23T00:00:00-08:00

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…disapproval is evident in the provisions of section 63.042(3), Florida Statutes, which prohibits gay or lesbian…3d DCA 2010), has recently held that “subsection 63.042(3), Florida Statutes, violates the equal protection

Tmh v. Dmt

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-22T23:53:00-08:00

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…disapproval is evident in the provisions of section 63.042(3), Florida Statutes, which prohibits gay or lesbian… 2010), has recently held that "subsection 63.042(3), Florida Statutes, violates the equal protection…determine a constitutional challenge to section 63.042(3), Florida Statutes); (6) that "to the extent

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

Court: Fla. Dist. Ct. App. | Date Filed: 2010-09-22T00:00:00-07:00

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…general obligation to follow Florida law (including § 63.042(3)), believes that the categorical ban against …adoption was contrary to Florida public policy under § 63.042(3). Embry v. Ryan, 11 So.3d 408 (Fla. 2d DCA 2009…Conclusion In striking the categorical ban of section 63.042(3) on equal protection grounds, we need not address… Monroe County circuit court decision finding § 63.042(3) unconstitutional, and (b) not to call any witnesses

Liberty Counsel v. Florida Bar Board of Governors

Court: Fla. | Date Filed: 2009-06-04T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2009-05-13T00:00:00-07:00

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… a Florida judgment of adoption. Unlike section 63.042, section 63.192 does not exclude homosexuals from

In Re Adoption of Holland

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-21T00:53:00-07:00

Citation: 965 So. 2d 1213

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: Fla. Dist. Ct. App. | Date Filed: 2007-05-04T00:00:00-07:00

Citation: 958 So. 2d 453

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

Wakeman v. Dixon

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-24T00:00:00-08:00

Citation: 921 So. 2d 669

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: Fla. Dist. Ct. App. | Date Filed: 2004-07-23T00:53:00-07:00

Citation: 876 So. 2d 1285

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

Hausmann Ex Rel. Doe v. LM

Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-06T23:53:00-08:00

Citation: 806 So. 2d 511

Snippet: statutory provisions as being exclusive. Section 63.042, which covers who may adopt a child, provides that…that a husband and wife may jointly adopt. See § 63.042(2)(a), Fla. Stat. (1999). The statute disqualifies… of the child, particularly grandparents. See § 63.042(3),(4), Fla. Stat. (1999). Section 63.112 sets

Yh v. Flh

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-15T00:53:00-07:00

Citation: 784 So. 2d 565

Snippet: through independent adoption proceedings. Section 63.042(2)(b), Florida Statutes (Supp. 1992) allows an … to whom they are a legal stranger, see section 63.042(2), Florida Statutes (1991), they have no right

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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-15T00:00:00-07:00

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

Rickard v. McKesson

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-26T23:53:00-08:00

Citation: 774 So. 2d 838

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