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Florida Statutes - Ban on Gay Adoption, 1977

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 to adopt under this statute may adopt if that person is a homosexual.

(4) 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.

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.

Challenge to Florida's Ban, 2004

Gay Adoption Ban Lifted, 2010

Florida Statutes 2015 (ban removed)

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.

Other Adoption Discussion Resources

  • Adoption Controversies (1999)

American Law Reports provide detailed discussions concerning legal issues with extensive summaries of relevant court cases.
Reference KF 132.A5...

  • 76 ALR6th 257 - Issues Arising in Same Sex Divorce & Dissolution of Same-Sex Civil Unions
  • 61 ALR6th 1 - Adoption of Child by Same-Sex Partners
  • 8 ALR6th 339 - Validity of Legal Claim Predicated on Nonmarital Same-Sex Relationship
  • 5 ALR6th 303 - Child Support Obligations of Former Same-Sex Partners
  • 80 ALR5th 1 - Child Custody & Visitation Rights Arising from Same-Sex Relationship
  • 65 ALR5th 591 - Custodial Parent's Homosexual or Lesbian Relationship with Third Person as Justifying Modification of Child Custody Order
  • 27 ALR5th 54 - Adoption of Children by Same-Sex Partners
  • 42 ALR4th 776 - Marital or Sexual Relationship between Parties as Affecting Right to Adopt