Dependency Law Finder

1. Department of Children & Families v. Adoption of X.X.G. 45 So. 3d 79 · 3D08-3044 · 3rd DCA 2010

   Affirmed This opinion cites § 63.042 38 times: (2)(b), (3), (4), and the section generally

   · cited by 12 in all courts

   Florida's ban on adoption by gay people (s. 63.042(3)) has no rational basis; the foster father's adoption of two boys from foster care is affirmed.

   …2004. However, Florida law states, "No person eligible to adopt under this statute [the Florida Adoption Act] may adopt if that person is a homosexual." § 63.042(3), Fla. Stat. (2006). According to the judgment, "Florida is the only remaining state to expressly ban all gay adoptions without exception." Judgment at 38.…

2. Department of Health & Rehabilitative Services v. Cox 627 So. 2d 1210 · 2D93-01138 · 2nd DCA 1993

   Reversed & remanded This opinion cites § 63.042 17 times: (3)

   · cited by 8 in all courts

   En banc, the Second District upholds the ban on adoption by homosexual persons against privacy, due process and equal protection challenges by HRS adoption applicants.

   …Mr. Cox and Mr. Jackman, voluntarily disclosed to HRS that they are homosexual. Each has been denied the opportunity to apply to adopt a child because section 63.042(3), Florida Statutes (1991), prohibits adoptions by homosexuals. At *1212 summary judgment, they convinced the trial court that this statute is…

3. M.D.C. v. B.N.M.J. 117 So. 3d 489 · 1D12-5376 · 1st DCA 2013

   This opinion cites § 63.042 6 times: (1), (2), (2)(c), (2)(c)2.

   · cited by 3 in all courts

   …of parental rights and for adoption of an adult. Because we conclude that the trial court erred in ruling that this action was not authorized by section 63.042(2)(c), Florida Statutes (2012), we reverse and remand for further proceedings. The amended petition alleged that B.N.M.J., the adoptee and appellee, is the…

4. Cox v. Department of Health & Rehabilitative Services 656 So. 2d 902 · SC82967 · Florida Supreme Court 1995

   Affirmed in part, reversed in part This opinion cites § 63.042 6 times: (3)

   · cited by 9 in all courts

   The Supreme Court approves the Second District on privacy and due process but remands the equal protection challenge to the adoption ban for a fuller record.

   …Florida Catholic Conference. PER CURIAM. We have for review State v. Cox, 627 So.2d 1210 (Fla. 2d DCA 1993), which expressly declared valid section 63.042(3), Florida Statutes (1991), and expressly construed several provisions of the Florida Declaration of Rights. Art. I, Fla. Const. We have jurisdiction. Art. V, §…

5. Lofton v. Secretary of the Department of Children & Family Services 377 F.3d 1275 · CA11-01-16723 · 11th Cir. 2004

   Other This opinion cites § 63.042 5 times: (3)

   · cited by 8 in all courts

   Text is the panel opinion upholding Florida's gay adoption ban plus fragments of separate opinions on rehearing en banc; the rehearing disposition is not shown.

   …BIRCH, CARNES and HUG*, Circuit Judges. BIRCH, Circuit Judge: In this appeal, we decide the states’ rights issue of whether Florida Statute § 63.042(3), which prevents adoption by practicing homosexuals, is constitutional as enacted by the Florida legislature and as subsequently enforced. The district court…

6. Lofton v. Secretary of the Department of Children & Family Services 358 F.3d 804 · CA11-01-16723-2 · 11th Cir. 2004

   Affirmed This opinion cites § 63.042 5 times: (3), and the section generally

   · cited by 184 in all courts

   Eleventh Circuit upheld Florida's ban on adoption by practicing homosexuals against due process and equal protection challenges by foster and guardian caregivers.

   BIRCH, Circuit Judge: In this appeal, we decide the states’ rights issue of whether Florida Statute § 63.042(3), which prevents adoption by practicing homosexuals, is constitutional as enacted by the Florida legislature and as subsequently enforced. The district court…

7. T.M.H. v. D.M.T. 79 So. 3d 787 · 5D09-3559-2 · 5th DCA 2011

   This opinion cites § 63.042 4 times: (3)

   …as interpreted by the dissent, is unconstitutional because it deprives Appellant of her constitutional rights to equal protection and privacy. B. Section 63.042(3) does not Support the Trial Court's Ruling that Section 742.14 Deprives Appellant of her Parental Rights Appellee argues that the Legislature disapproves of…

8. T.M.H. v. D.M.T. 79 So. 3d 787 · 5D09-3559 · 5th DCA 2011

   This opinion cites § 63.042 4 times: (3)

   · cited by 4 in all courts

   …as interpreted by the dissent, is unconstitutional because it deprives Appellant of her constitutional rights to equal protection and privacy. B. Section 63.042(3) does not Support the Trial Court’s Ruling that Section 742.14 Deprives Appellant of her Parental Rights Appellee argues that the Legislature disapproves of…

9. Liberty Counsel v. Florida Bar Board of Governors 12 So. 3d 183 · SC09-363 · Florida Supreme Court 2009

   This opinion cites § 63.042 4 times: (3)

   …to relief, we deny the petition. [7] At the outset, we explain that this case does not concern the merits of the underlying case, that is, whether section 63.042(3), Florida Statutes (2008), is constitutional. The merits of that controversy are pending in the Third District. This case is also not about whether this Court…

10. Embry v. Ryan 11 So. 3d 408 · 2D08-1323 · 2nd DCA 2009

    This opinion cites § 63.042 4 times, the section generally

    …Ryan argues that the trial court was not required to enforce the judgment because granting parental rights to a former same-sex partner contravenes section 63.042, Florida Statutes (2007), which prohibits adoption by a homosexual. Ms. Ryan's argument lacks merit for several reasons. The issue before the trial court…

11. Hausmann ex rel. Doe v. L.M. 806 So. 2d 511 · 4D01-1811 · 4th DCA 2001

    This opinion cites § 63.042 4 times: (2)(a), (3), (4), and the section generally

    · cited by 8 in all courts

    …months, the grandparents were precluded from adopting the child under any circumstances. We do not read the statutory provisions as being exclusive. Section 63.042, which covers who may adopt a child, provides that a husband and wife may jointly adopt. See § 63.042(2)(a), Fla. Stat. (1999). The statute disqualifies…

12. Bergman v. In re: Adoption of Z.E.S., a Child 238 So. 3d 847 · 4D17-1730 · 4th DCA 2018

    This opinion cites § 63.042 2 times: (2)(c)

    …also be her biological parents, a circumstance supported by public policy. Id. However, the trial court found that the adoption was not authorized by section 63.042(2)(c), Florida Statutes (2012) (governing when a married person can adopt without his spouse joining as a petitioner), because the statute “did not envision the…

13. Rodriguez v. In re: the Adoption of Mariana Andrea Rodriguez 219 So. 3d 944 · 3D16-2191 · 3rd DCA 2017

    This opinion cites § 63.042 2 times: (1), and the section generally

    · cited by 1 in all courts

    …Statutes (2016), provides the statutory scheme that governs adoptions. Sections 63.102 and 63.112 establish the required content of the petition. Section 63.042 establishes who may adopt and who may be adopted. None of the relevant provisions of chapter 63 establish the consideration of public policy as a factor to…

14. Y.H. v. F.L.H. 784 So. 2d 565 · 1D00-1832 · 1st DCA 2001

    This opinion cites § 63.042 2 times: (2), (2)(b)

    · cited by 19 in all courts

    …whose parental rights have been terminated is not precluded from establishing new rights to his or her child through independent adoption proceedings. Section 63.042(2)(b), Florida Statutes (Supp. 1992) allows an unmarried adult to adopt, including the birth parent of the person to be adopted. See, e.g., In re T.G.T., 433…

15. Kazmierazak v. Query 736 So. 2d 106 · 4D98-2854 · 4th DCA 1999

    This opinion cites § 63.042 2 times: (3)

    · cited by 16 in all courts

    …rights in the stepmother as a "psychological parent" apart from her rights as a party to a dissolution proceeding. The real problem in this area is section 63.042(3), Florida Statutes (1997), which prevents someone like appellant from creating that type of legal relationship with a child that would confer legal rights and…

16. Stefanos v. Rivera-Berrios 673 So. 2d 12 · SC85248 · Florida Supreme Court 1996

    This opinion cites § 63.042 2 times: (2), (2)(b)

    · cited by 31 in all courts

    …whose parental rights have been terminated is not precluded from establishing new rights to his or her child through independent adoption proceedings. Section 63.042(2)(b), Florida Statutes (Supp. 1992) allows an unmarried adult to adopt, including the birth parent of the person to be adopted. See, e.g., In re T.G.T., 433…

17. Ard v. Gustafson 348 So. 2d 65 · DCACC-60 · District Court of Appeal 1977

    This opinion cites § 63.042 2 times: (2)(d)

    … Not only does the record fail to support the granting of Gustafson’s cross-petition for adoption but she is not a person permitted to adopt under Section 63.042(2)(d), Florida Statutes (1975). This section provides in pertinent part: “(2) The following persons may adopt: (d) A married person without the other…

18. Ashley Nicole Isabel Brito v. Jennifer Salas & Angel Giovanni Rivera v. Jennifer Salas SC2024-1184 · Florida Supreme Court 2025

    This opinion cites § 63.042 1 time: (3)

    …Florida Family Law § 6:5 (2011) (explaining - 36 - that “a child cannot legally have two fathers or two mothers”); § 63.042(3), Fla. Stat. (1993) (making a person ineligible to adopt “if that person is a homosexual”); § 741.04, Fla. Stat. (1993) (providing that a marriage license…

19. C.H., Sr. v. in the Adoption of: N.K. 2D20-1990 · 2nd DCA 2021

    Affirmed This opinion cites § 63.042 1 time: (2)(c)

    Dismissal of a grandfather's adoption petition affirmed because it was premature and filed in the wrong division, though he had standing to refile.

    …the procedures for adoption following TPR, requiring that a post-TPR adoption petition be filed in the court that terminated parental rights."). Section 63.042(2)(c) permits a married person to adopt any nonspouse without the other spouse joining . . . if: 1. The other spouse is a parent of the …

20. Adoption of D.P.P. v. C.P. 158 So. 3d 633 · 5D13-1766 · 5th DCA 2014

    This opinion cites § 63.042 1 time, the section generally

    · cited by 1 in all courts

    …not qualified to seek a step-parent adoption. The trial court agreed that it never had subject matter jurisdiction to grant the adoption pursuant to sections 63.042, 63.102 and 63.172, Florida Statutes, because G.P. was not a step-parent or “an unmarried adult” seeking to adopt following the termination of C.P.’s parental…

21. D.M. v. Berkowitz 112 So. 3d 575 · 4D13-3 · 4th DCA 2013

    This opinion cites § 63.042 1 time, the section generally

    …alleging his signature was obtained while he was without counsel, under duress, and without understanding the consequences. He also argued that section 63.042, Florida Statutes, violates the equal protection clause of the constitution because it treats birth mothers and birth fathers differently. He then moved for…

22. Fazzini v. Davis 98 So. 3d 98 · 2D11-3239 · 2nd DCA 2012

    This opinion cites § 63.042 1 time: (2)(c)1.

    · cited by 6 in all courts

    …Mrs. Fazzini adopted the child. In order to be eligible to adopt the child, the adoption statute required that she have the consent of Mr. Fazzini. See § 63.042(2)(c)(l), Fla. Stat. (2010). It goes without peradventure that Mr. Fazzini readily consented to this adoption. Soon after Mrs. Davis began to exercise her…

23. Wakeman v. Dixon 921 So. 2d 669 · 1D05-0103 · 1st DCA 2006

    This opinion cites § 63.042 1 time: (3)

    · cited by 13 in all courts

    …union between one man and one woman as husband and wife." § 741.212(3), Fla. Stat. (2005). In addition, Florida law prohibits adoptions by homosexuals. § 63.042(3), Fla. Stat. (2005). Neither party raised these statutes in their arguments, and we do not address them here. [3] The terms "traditional family" or "natural…

24. Buckner v. Family Services of Cent. Florida 876 So. 2d 1285 · 5D03-3217 · 5th DCA 2004

    Affirmed This opinion cites § 63.042 1 time: (3)

    · cited by 10 in all courts

    Dismissal affirmed of former foster parents' suit seeking adoption and visitation; they lacked standing as next friends and could not compel DCF's adoption consent.

    …consent to adoption is firmly reposed by statute in DCF), rev. granted, 870 So.2d 820 (Fla.2004). In Lofton , the Eleventh Circuit concluded section 63.042(3), Florida Statutes (2003), which prevents adoption by practicing homosexuals, is constitutional. In rejecting a due process and equal protection challenge to…

25. Rickard v. McKesson 774 So. 2d 838 · 4D00-507 · 4th DCA 2000

    This opinion cites § 63.042 1 time: (3)

    · cited by 1 in all courts

    …action in 1999 to void the adoption as a fraud on the court. She alleged that McKesson and Blackwell were a gay couple, that the adoption violated section 63.042(3), Florida Statutes (1993), which bars homosexuals from adopting, and that it was a subterfuge to deprive her of her inheritance. McKesson argued that the…

26. Lowe v. Broward County 766 So. 2d 1199 · 4D99-1664 · 4th DCA 2000

    This opinion cites § 63.042 1 time: (2)(a)

    · cited by 2 in all courts

    …exclusively to partners in marriage. Some of the rights that are exclusive to the marriage relationship include: the right to jointly adopt (Fla.Stat. § 63.042(2)(a)); equal rights in property acquired during the marriage (Fla.Stat. § 61.075); the right to hold property as tenants by the entireties (Fla.Stat. § 689.11);…

27. L.J.R. v. T.T. 739 So. 2d 1283 · 1D98-1522 · 1st DCA 1999

    This opinion cites § 63.042 1 time: (2)(b)

    · cited by 6 in all courts

    …in law." (emphasis supplied and footnotes omitted)). Florida does not, however, disqualify birth parents from adopting. [1] Among those whom section 63.042(2)(b), Florida Statutes (1997), names as persons who may adopt is an "unmarried adult, including the birth parent of the person to be adopted." The Legislature has…

28. C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996

    This opinion cites § 63.042 1 time: (2)

    …grants HRS sole authority to select adoptive parents for children committed to its custody. [10] Since any adult can file a petition for adoption, see § 63.042(2), Fla.Stat., the trial court's reasoning, if followed, would permit anyone to adopt a child in the custody of HRS and then give the trial court authority under…

29. C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996

    This opinion cites § 63.042 1 time: (2)

    · cited by 35 in all courts

    …grants HRS sole authority to select adoptive parents for children committed to its custody. 10 Since any adult can file a petition for adoption, see § 63.042(2), Fla.Stat., the trial court’s reasoning, if followed, would permit anyone to adopt a child in the custody of HRS and then give the trial court authority under…

30. Department of Health & Rehabilitative Services v. Doe 659 So. 2d 697 · 1D95-355 · 1st DCA 1995

    This opinion cites § 63.042 1 time, the section generally

    · cited by 3 in all courts

    …Corp., 245 So.2d 240 (Fla. 1970)). The interest claimed by the Does in their motion to intervene is (1) that they are qualified pursuant to section 63.042, as they are husband and wife; (2) that they have passed a home study performed by HRS; and (3) that Bonnie's half-sibling is their adopted child, Mary. [2] …

31. Department of Health & Rehabilitative Services v. Doe 659 So. 2d 697 · DCA95-355 · District Court of Appeal 1995

    This opinion cites § 63.042 1 time, the section generally

    · cited by 6 in all courts

    …Corp., 245 So.2d 240 (Fla.1970)). The interest claimed by the Does in their motion to intervene is (1) that they are qualified pursuant to section 63.042, as they are husband and wife; (2) that they have passed a home study performed by HRS; and (3) that Bonnie’s half-sibling is their adopted child, Mary. 2 …

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1. Rule 65C-16.005 Evaluation of Applicants. Implements

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No CFOP cites § 63.042.

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