Adopting a Child in Florida

A married couple jointly or an unmarried adult may adopt; a married person may adopt alone if the spouse is the child's parent and consents, or the court excuses the spouse's joinder. A disability or plan to homeschool does not by itself disqualify an applicant. For most adoptions of a minor, parental rights must first be terminated in a separate proceeding, which needs the written consent of (or notice to) the mother, a legal or qualifying father, and the child if 12 or older (unless excused). Before a child is placed in a non-relative, non-stepparent home, a preliminary home study by a licensed agency or professional (interview, abuse-registry and criminal checks, home and financial review) must be favorable.

A married person may adopt a spouse's child without the spouse joining as a petitioner if the spouse consents. Stepparent adoptions do not need a separate termination-of-parental-rights case first; the stepparent may file a joint petition for termination and adoption with the required consents attached. A preliminary home study is not required for a stepparent unless the court orders one for good cause. The other parent's consent (or proper notice and grounds for termination) is still required.