The state of Florida has clear and simple rules on who can adopt and be adopted. These are rules that govern the entire process from the initial request all the way to the final adoption. The rules that govern the act of adoption, as well as who may be adopted, have been updated. Here are some of the highlights.
Persons who may adopt another person in Florida
Adoption is one of the common family law issues in Florida. Any individual, whether a minor or adult, can be legally adopted. The question that causes the most complex and contentious legal issues concerns who is legally allowed to do the adopting.
A husband and wife may jointly adopt an individual. An unmarried adult may also do so. In certain cases, a married person can apply to adopt even if their spouse does not join the process as a fellow petitioner. The exception is that the person who you plan to adopt must not be your spouse.
Other conditions may apply to the process
Family law issues in Florida are normally resolved by having recourse to the court system. However, the petition that you lodge to begin the application process must be filed in the correct manner.
You cannot compel your spouse to join you as a petitioner for an adoption. You can go ahead with an adoption if your spouse is a parent of the person you are adopting and if they consent. The choice your spouse makes not to participate can be excused by the court after due cause has been shown.
No person may be excluded because of a physical disability or handicap. The exception is if they are shown to be incapable of fulfilling their duties as a parent.