Fla. Stat. 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 husband and wife jointly;An unmarried adult; orA married person without the other spouse joining as a petitioner, if the person to be adopted is not his or her spouse, and if:
The other spouse is a parent of the person to be adopted and consents to the adoption; or
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.

(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:The other spouse is a parent of the person to be adopted and consents to the adoption; orThe 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.
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.

Source: Section 63.042 — Who may be adopted; who may adopt, https://www.­flsenate.­gov/Laws/Statutes/2024/0063.­042 (accessed Aug. 7, 2025).

63.012
Short title
63.022
Legislative intent
63.032
Definitions
63.037
Proceedings applicable to cases resulting from a termination of parental rights under chapter 39
63.039
Duty of adoption entity to prospective adoptive parents
63.042
Who may be adopted
63.043
Mandatory screening or testing for sickle-cell trait prohibited
63.052
Guardians designated
63.053
Rights and responsibilities of an unmarried biological father
63.054
Actions required by an unmarried biological father to establish parental rights
63.062
Persons required to consent to adoption
63.063
Responsibility of parents for actions
63.064
Persons whose consent to an adoption may be waived
63.082
Execution of consent to adoption or affidavit of nonpaternity
63.085
Disclosure by adoption entity
63.087
Proceeding to terminate parental rights pending adoption
63.088
Proceeding to terminate parental rights pending adoption
63.089
Proceeding to terminate parental rights pending adoption
63.092
Report to the court of intended placement by an adoption entity
63.093
Adoption of children from the child welfare system
63.097
Fees
63.102
Filing of petition for adoption or declaratory statement
63.112
Petition for adoption
63.122
Notice of hearing on petition
63.125
Final home investigation
63.132
Affidavit of expenses and receipts
63.135
Information to be submitted to the court
63.142
Hearing
63.152
Application for new birth record
63.162
Hearings and records in adoption proceedings
63.165
State registry of adoption information
63.167
State adoption information center
63.172
Effect of judgment of adoption
63.182
Statute of repose
63.192
Recognition of foreign judgment or decree affecting adoption
63.202
Authority to license
63.207
Out-of-state placement
63.212
Prohibited acts
63.213
Preplanned adoption agreement
63.219
Sanctions
63.222
Effect on prior adoption proceedings
63.232
Duty of person adopting
63.233
Rulemaking authority
63.235
Petitions filed before effective date
63.236
Petitions filed before July 1, 2008
63.0422
Prohibited conditions on adoptions
63.0423
Procedures with respect to surrendered infants
63.0425
Grandparent’s right to notice
63.0427
Agreements for continued communication or contact between adopted child and siblings, parents, and other relatives
63.0541
Public records exemption for the Florida Putative Father Registry
63.2325
Conditions for invalidation of a consent to adoption or affidavit of nonpaternity

Current through Fall 2025

§ 63.042. Who may be adopted; who may adopt's source at flsenate​.gov