63.042  Who may be adopted; who may adopt.--

(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, including the birth parent of the person to be adopted;

(c)  The unmarried minor birth parent of the person to be adopted; or

(d)  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 reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.

(3)  No person eligible to adopt under this statute may adopt if that person is a homosexual.

(4)  No person eligible under this section shall be prohibited from adopting solely because such person possesses a physical disability or handicap, unless it is determined by the department or the licensed child-placing agency that such disability or handicap renders such person incapable of serving as an effective parent.