Florida Statute 63.42 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 63.042

Annotations, Discussions, Cases:

Cases Citing Statute 63.042

Total Results: 36

Lofton v. Secretary of the Department of Children & Family Services

358 F.3d 804, 2004 U.S. App. LEXIS 1383, 2004 WL 161275

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 2004 | Docket: 65656055

Cited 36 times | Published

states’ rights issue of whether Florida Statute § 63.042(3), which prevents adoption by practicing homosexuals

Lowe v. Broward County

766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329491

Cited 25 times | Published

include: the right to jointly adopt (Fla.Stat. § 63.042(2)(a)); equal rights in property acquired during

Cs v. Sh

671 So. 2d 260, 1996 WL 165019

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 1248050

Cited 22 times | Published

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

Stefanos v. Rivera-Berrios

673 So. 2d 12, 1996 WL 63084

Supreme Court of Florida | Filed: Feb 15, 1996 | Docket: 1671436

Cited 17 times | Published

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

Stefanos v. Rivera-Berrios

673 So. 2d 12, 1996 WL 63084

Supreme Court of Florida | Filed: Feb 15, 1996 | Docket: 1671436

Cited 17 times | Published

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

Cox v. FLA. DEPT. OF HEALTH & REHAB. SRVS.

656 So. 2d 902, 1995 WL 242399

Supreme Court of Florida | Filed: Apr 27, 1995 | Docket: 1683767

Cited 17 times | Published

2d DCA 1993), which expressly declared valid section 63.042(3), Florida Statutes (1991), and expressly

STATE, DEPT. OF HEALTH v. Cox

627 So. 2d 1210, 1993 WL 496042

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 2450219

Cited 12 times | Published

opportunity to apply to adopt a child because section 63.042(3), Florida Statutes (1991), prohibits adoptions

Wakeman v. Dixon

921 So. 2d 669, 2006 WL 162748

District Court of Appeal of Florida | Filed: Jan 24, 2006 | Docket: 1660128

Cited 10 times | Published

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

Kazmierazak v. Query

736 So. 2d 106, 1999 WL 415215

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1736625

Cited 8 times | Published

proceeding. The real problem in this area is section 63.042(3), Florida Statutes (1997), which prevents

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

79 So. 3d 787

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 60305382

Cited 7 times | Published

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

Lofton v. Secretary of the Department of Children & Family Services

377 F.3d 1275

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 2004 | Docket: 397885

Cited 7 times | Published

states' rights issue of whether Florida Statute § 63.042(3), which prevents adoption by practicing homosexuals

Yh v. Flh

784 So. 2d 565, 2001 WL 505254

District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 1743978

Cited 7 times | Published

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

Dennis v. Kline

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

District Court of Appeal of Florida | Filed: Jun 19, 2013 | Docket: 60233880

Cited 5 times | Published

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

Hausmann Ex Rel. Doe v. LM

806 So. 2d 511, 2001 WL 1008157

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1713041

Cited 5 times | Published

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

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

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

District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 64805229

Cited 5 times | Published

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

Ljr v. Tt

739 So. 2d 1283, 1999 WL 743565

District Court of Appeal of Florida | Filed: Sep 14, 1999 | Docket: 1688742

Cited 5 times | Published

parents from adopting.[1] Among those whom section 63.042(2)(b), Florida Statutes (1997), names as persons

Fazzini v. Davis

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

District Court of Appeal of Florida | Filed: Jul 13, 2012 | Docket: 60312870

Cited 4 times | Published

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

Lofton v. Kearney

157 F. Supp. 2d 1372, 2001 U.S. Dist. LEXIS 13425, 2001 WL 988038

District Court, S.D. Florida | Filed: Aug 30, 2001 | Docket: 2337114

Cited 4 times | Published

issue before this Court is whether Florida Statute § 63.042(3)[1] ("homosexual adoption provision") which

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

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

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 1927936

Cited 3 times | Published

general obligation to follow Florida law (including § 63.042(3)), believes that the categorical ban against

Liberty Counsel v. Florida Bar Board of Governors

12 So. 3d 183, 34 Fla. L. Weekly Supp. 347, 2009 Fla. LEXIS 862, 2009 WL 1544281

Supreme Court of Florida | Filed: Jun 4, 2009 | Docket: 1647094

Cited 3 times | Published

merits of the underlying case, that is, whether section 63.042(3), Florida Statutes (2008), is constitutional

Buckner v. FAMILY SERVICES OF CENT. FLORIDA

876 So. 2d 1285, 2004 WL 1635858

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 2451094

Cited 3 times | Published

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

C.S. v. S.H.

671 So. 2d 260, 1996 Fla. App. LEXIS 3845

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64763712

Cited 3 times | Published

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

DEPT. OF HEALTH & REHAB. SERV. v. Doe

659 So. 2d 697

District Court of Appeal of Florida | Filed: Aug 10, 1995 | Docket: 1748042

Cited 3 times | Published

is (1) that they are qualified pursuant to section 63.042, as they are husband and wife; (2) that they

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

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

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60232697

Cited 2 times | Published

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

Tmh v. Dmt

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

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 138267

Cited 2 times | Published

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

Embry v. Ryan

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

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1656659

Cited 2 times | Published

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

Lofton v. Butterworth

93 F. Supp. 2d 1343, 2000 U.S. Dist. LEXIS 5588, 2000 WL 519123

District Court, S.D. Florida | Filed: Apr 21, 2000 | Docket: 2171473

Cited 2 times | Published

challenge the constitutionality of Florida Statute § 63.042(3)[1] barring a homosexual from adopting a child

In Re Adoption of Holland

965 So. 2d 1213, 2007 WL 2736542

District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 2578102

Cited 1 times | Published

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

Rickard v. McKesson

774 So. 2d 838, 2000 WL 1873014

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 1697939

Cited 1 times | Published

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

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

238 So. 3d 847

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326626

Published

found 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

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

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 6067552

Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60231167

Published

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

Lofton v. Sec. Dept. of Children and Family

377 F.3d 1275, 2004 WL 1627022

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 2004 | Docket: 239193

Published

constitutional 1977 Fla. Laws, ch. 77-140, § 1, Fla. Stat. § 63.042(3) (2003), which provides that "[n]o person eligible

L.J.R. v. T.T.

739 So. 2d 1283, 1999 Fla. App. LEXIS 12179

District Court of Appeal of Florida | Filed: Sep 14, 1999 | Docket: 64790540

Published

birth parents from adopting.1 Among those whom section 63.042(2)(b), Florida Statutes (1997), names as persons

Florida Department of Health & Rehabilitative Services v. Doe

659 So. 2d 697, 1995 Fla. App. LEXIS 8486

District Court of Appeal of Florida | Filed: Aug 10, 1995 | Docket: 64758466

Published

is (1) that they are qualified pursuant to section 63.042, as they are husband and wife; (2) that they

Ard v. Gustafson

348 So. 2d 65, 1977 Fla. App. LEXIS 16291

District Court of Appeal of Florida | Filed: Jul 22, 1977 | Docket: 64559551

Published

she is not a person permitted to adopt under Section 63.042(2)(d), Florida Statutes (1975). This section