Am I Eligible to Adopt a Child?

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In the state of Florida there are certain qualifications of adoptive parents that must be met before a legal adoption may take place. However, some of these qualifications differ, depending on the type of adoption you are seeking. Overall, the court is looking to place a child in the custody of individuals who will facilitate proper care and the best interest of the child. Therefore, Florida statute provides minimum requirements of adoptive parents. Discuss with your Florida Adoption Attorney your desire to adopt, as well as the different types of adoptions available to you. They will be able to determine the qualifications you are required to meet and explain the process to you in more detail.

Florida Statute 63.042 provides those individuals who are eligible to adopt including: “a husband and wife jointly, an unmarried adult, or a married person without the other spouse joining as a petitioner, if the person to be adopted is not his or her spouse, and if: the other spouse is a parent of the person to be adopted and consents to the adoption; (stepparent adoption) or the failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child.” Further, statute provides that a person will not be prohibited from adopting based solely on a disability or handicap “unless it is determined by the court or adoption entity that such disability or handicap renders such person incapable of serving as an effective parent.” Further, the adoptive parents desire to home school their child will not render them to be ineligible to adopt a child.

In general, any adult who is able to provide a safe and nurturing home for a child may adopt. Marital status and sexual orientation are no longer considered factors in the adoption process. However, items such as financial stability or disabilities may be taken into account but do not automatically remove you from eligibility.

Further, depending upon the type of adoption you are pursuing there may be further eligibility requirements. For instance, if you are pursuing a stepparent adoption you must be legally married to the child’s legal parent. In the case of relative adoption, you must be of close familial relation to the child including sibling, grandparent, aunt, or uncle. Finally, in entity adoption, they may place their own restrictions on prospective adoptive parents that you must meet in order to use them to facilitate your adoption process.

If you are seeking to start or expand your family in the form of adoption, contact a Florida Adoption Attorney today. We will be able to guide you through this process and explain your eligibility for an adoption and the intricacies of such heavy and life changing decisions.

Speaking to an attorney at our Florida office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 850-307-5211 or complete an online contact form to get in touch with a member of our team today.

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