Fort Lauderdale, FL asked in Adoption and Family Law for Florida

Q: Can two unmarried people adopt the same individual (one person as mother and the other as a father)?

I was raised by my aunt and her husband but there was never any official adoption. Now they are divorced, but I ,of course, still consider them both to be my parents. With me being 23 yr old and then no longer being together, would it be possible to be adopted by then individually so that they are both considered my parents legally?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Florida Statute 63.042 provides, in pertinent part, that:

"(1) Any person, a minor or an adult, may be adopted.

(2) The following persons may adopt:

(a) A husband and wife jointly;

(b) An unmarried adult; or

(c) 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:

1. The other spouse is a parent of the person to be adopted and consents to the adoption; or

2. 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.

..."

I don't read this language as allowing your aunt and ex-uncle to jointly adopt you. They would have to be married.

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