Florida Adoption: Who Can Adopt & Consent
Chapter 63 governs adoption in Florida. Section 63.042 allows any person to be adopted and lets a married couple, an unmarried adult, or a consenting stepparent adopt. Section 63.062 requires written consent from the mother, a qualifying father, and the minor if 12 or older, unless waived.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Adoption rules are detailed — talk to a Florida attorney about your situation.
Florida adoption is governed by Chapter 63 of the Florida Statutes, which covers who can adopt, who can be adopted, and whose consent is required.
Who may adopt and be adopted
Under Fla. Stat. § 63.042, any person — minor or adult — may be adopted. The people who may adopt are:
- A married couple adopting jointly;
- An unmarried adult; or
- A married person whose spouse is a parent of the child and consents — the stepparent path.
Whose consent is required
Under Fla. Stat. § 63.062, written consent (or required notice) generally must come from:
- The mother;
- A qualifying father; and
- The minor child if 12 or older — unless the court waives that consent. (Treat the age-12 rule as confirm-current.)
An unmarried father’s rights
An unmarried biological father’s rights depend on conditions — notably registering with the Florida Putative Father Registry. A father who doesn’t take the required steps may find his consent isn’t required.
Adoption permanently changes legal parentage, so it often follows steps like establishing paternity. To get matched with a local Florida family-law attorney, connect with a lawyer.
Connect with a local attorney
Tell us about your situation and we'll match you with a local California attorney who handles matters like yours. Free, no obligation.
Start your free intakeFrequently asked questions
- Who can adopt in Florida?
- Under Fla. Stat. § 63.042, a married couple jointly, an unmarried adult, or a married person whose spouse is a parent of the child and consents (the stepparent path) may adopt. Any person — minor or adult — may be adopted.
- Whose consent is required for an adoption?
- Generally written consent (or notice) from the mother, a qualifying father, and the minor child if 12 or older, unless the court waives the child's consent (Fla. Stat. § 63.062). Treat the age-12 rule as confirm-current.
- What about an unmarried biological father's rights?
- An unmarried biological father's rights depend on conditions such as registering with the Florida Putative Father Registry (Fla. Stat. § 63.062). Failing to do so can affect whether his consent is required.
Sources
Related guides
- Florida Alimony: Types & the 2023 Reform Under Fla. Stat. § 61.08 a court may award temporary, bridge-the-gap, rehabilitative, or durational alimony. SB 1416 (2023) eliminated permanent (lifetime) alimony for final judgments entered on or after July 1, 2023, and added new limits. Confirm the current statute for the specific year and percentage limits.
- Florida Child Support: Income Shares & Guidelines Florida uses an income-shares model: the parents' combined net income is applied to a guideline schedule (Fla. Stat. § 61.30). The guideline amount is presumptive — a court may deviate up to 5% without written findings, but more than 5% requires written findings. Health insurance and child-care costs are added.
- Florida Divorce: Grounds, Residency & Process Florida is a no-fault state: the usual ground is that the marriage is 'irretrievably broken' (Fla. Stat. § 61.052), with the only alternative being a party's mental incapacity for the preceding three years. One party must have resided in Florida for six months before filing (Fla. Stat. § 61.021).
- Florida Paternity: Establishing Legal Fatherhood Chapter 742 governs paternity for children born out of wedlock. Section 742.10 establishes paternity by judicial adjudication, a voluntary acknowledgment, or an administrative order. A signed voluntary acknowledgment becomes an establishment of paternity and after 60 days is challengeable only for fraud, duress, or material mistake of fact.
- Florida Property Division: Equitable Distribution Florida is an equitable distribution state. The court must begin with the premise that distribution should be equal, unless a justification for an unequal split exists under the statutory factors (Fla. Stat. § 61.075). Marital assets are acquired during the marriage; nonmarital property is owned before marriage or received by gift or inheritance.
- Florida Time-Sharing & Parental Responsibility Florida uses 'time-sharing' and 'parental responsibility' instead of 'custody' (Fla. Stat. § 61.13). A parenting plan is required, and decisions follow the best interests of the child. A 2023 amendment created a rebuttable presumption that equal (50/50) time-sharing is in the child's best interest.