Who May Adopt, Be Adopted, or Place a Child for Adoption - Florida

Who May Adopt

Citation: Ann. Stat. § 63.042

The following persons may adopt:

• A husband and wife jointly
• An unmarried adult
• A married person without his or her spouse joining as a petitioner, if the person to be adopted is not his or her spouse and if either of the following apply:
  • The spouse is a parent of the person to be adopted and consents to the adoption.
  • The failure of the 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 interests of the child.

No person eligible under this section shall be prohibited from adopting solely because the person has a physical disability or handicap, unless it is determined by the court or adoption entity that the disability or handicap renders the person incapable of serving as an effective parent.

No person eligible under this section shall be prohibited from adopting solely because he or she desires to educate the adopted child at home.

Who May Be Adopted

Citation: Ann. Stat. § 63.042

Any person, a minor or an adult, may be adopted.

Who May Place a Child for Adoption

Citation: Ann. Stat. §§ 63.022; 63:032; 63.202

A child may be placed by any of the following:

• A parent or legal guardian
• An adoption entity, which includes:
  • The Department of Children and Families
  • A registered child-caring agency
  • An intermediary
  • A licensed child-placing agency

An 'intermediary' is an attorney who is licensed or authorized to practice in Florida and who is placing or intends to place a child for adoption.

It is unlawful for any person to do any of the following:

• To place or attempt to place within the State a minor for adoption unless the minor is placed with a relative or with a stepparent, with the exception of an adoption entity
• To sell or surrender, or to arrange for the sale or surrender of, a minor to another person for money or anything of value or to receive such minor child for such payment or thing of value
• To assign or transfer the rights and duties of a parent with respect to the care and custody of a minor for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties
• To assist in the commission of any prohibited act described above