Florida Adoption Law
Permits single LGBT individuals to petition to adopt? Yes.
Florida Department of Children and Families vs. In re: Matter of Adoption of X.X.G. and N.R.G., 2010 Fla. App. LEXIS 14014, 35 Fla. L. Weekly D 2107
Permits a same-sex couple to jointly petition to adopt? No.
FLA. STAT. § 63.042(2)(a) explicitly limits joint adoption to a husband and wife.
Permits a same-sex partner to petition to adopt partner’s adopted child? Maybe.
Other than the provision found unconstitutional in the aforementioned case, there is nothing in the Florida statute prohibiting a second parent adoption by a partner.
Details: On September 22, 2010, Florida’s Third District Court of Appeals ruled that FLA. STAT. § 63.042(3), the provision that explicitly states that "homosexuals" are not eligible to adopt, violated the state constitution. The Department of Children and Families, the Governor, and the Attorney General all declined to appeal the decision to the Florida Supreme Court. The decision is binding on all trial level courts in the state of Florida.
The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.
Last Updated: 11/4/2010




