For prospective parents, adopting a child can be a wonderful event, and a chance to celebrate an addition to your family. However, the adoption process can be legally complex. State laws regarding who can adopt, who can be adopted, and how can hard to navigate. So here is a brief summary of adoption laws in Florida.
State Laws
The rules and regulations regarding adoption, from who may adopt to special requirements for adoptive parents, are generally similar among most states. As of 2014, Florida law requires the consent of children 12 and older. Adoption can be a complicated (and important) process, so you may find it helpful to contact an attorney for assistance.
Adoption Laws in Florida
State adoption laws can vary. Below, you'll find information related to Florida adoption laws, including regulations on who may adopt, child consent requirements, and the relevant procedures.
| Code Section | Sections 63.022-63.301 |
| Who May Be Adopted | Any person |
| Child's Consent Age Requirements | 12 years and older unless the court dispenses with consent in the best interest of the child |
| Who May Adopt | Any unmarried adult. A married adult must be joined by their spouse unless their spouse is the parent and consents, or the failure to join in consent is excused. |
| Home Residency Required Prior to Finalization of Adoption? | 90 days |
| State Agency/Court | Dept. of Health & Rehabilitative Services/Circuit |
| Statute of Limitations to Challenge | 1 year |
Generally speaking, any person, a minor or an adult, is eligible for adoption, and judges in Florida adoption courts are required to consider a child’s best interests when making adoption decisions. In 2010, Florida's ban on adoption by gay and lesbian individuals was ruled unconstitutional and the ban was officially repealed in 2015.
The Florida statutes also protect the rights of physically disabled or handicapped persons to adopt.
Related Resources for Florida Adoption Laws
The law concerning adoption can vary greatly from state-to-state, especially for international adoptions. If you would like to continue your own research, you can review specific statutes in FindLaw’s adoption law section or get a more general overview in our adoption section. You can schedule a consultation with an experienced adoption attorney in Florida if you would like legal assistance with your adoption case.
