LGBT Adoption

The Florida Statutes contain a law banning adoptions by homosexuals. In 2010 a case was heard by the 3rd District Court of Appeals in Florida, the appellate division for Miami-Dade County. In that case the appellate court judges rendered an opinion finding that banning homosexuals from adopting was unconstitutional. In that specific case the court found it was in the best interest of the child to allow the openly gay foster parents’ request to adopt even though Florida law explicitly prohibited it. That recent decisional law expressly declared the ban on gay adoptions to be unconstitutional. Fla. Dep't of Children & Families v. X.X.G., 45 So. 3d 79 (Fla. Dist. Ct. App. 3d Dist. 2010). The court in that case properly ruled that Florida Statute § 63.042(3) was in violation of the equal protection provision of Article I § 2, of the Constitution of Florida.

This does not change the existing Florida Statute prohibiting homosexuals from adopting, but the case set a precedent. As a result of that case, gay and lesbian adoption petitions filed in Miami-Dade are likely to be granted thus resulting in LGBT, gay and lesbian adoptions as well as same-sex 2nd parent adoption for gay and lesbian partners.

Now there is a platform for the LGBT community to have their families recognized by law and adopt. Gay and Lesbian adoptions as well as same sex partner or second (2nd) parent adoptions are now being granted in the Miami-Dade County Family Court Division. Keep in mind every case is different, so there is no blank order of the court granting the petitions. Similar to most legal matters that involve minor children the primary goal is to promote the best interest of the child(ren). We have been practicing law in the family law area for over 19 years. Subsequent to the new case(s) which has opened doors for gay and lesbian adoptions we have been fortunate to incorporate gay and lesbian adoptions into our firm’s practice. Amongst our accomplishments we were successful in obtaining the court’s approval of a 2nd parent adoption for 2 gay individuals who no longer were a couple at the time of the request for the adoption.

The law is written in a manner that regardless if the gay and lesbian parents reside in Miami-Dade County or not, it may still be possible to file for the adoption in Miami-Dade County. So if you reside in Broward, Monroe, Orange, Palm Beach, Volusia or any other county in Florida let us evaluate your case.

The present ability of gay adoptions in Miami can be overturned or challenged if the State Attorney’s office appeals the 3rd DCA’s opinion to the Florida Supreme Court. At the current time they have not done so. Even though it is not what our firm advocates, the current legal position that permits gay and lesbian adoptions may be overturned. Don’t waste time and leave your questions and concerns for tomorrow, act before it may be too late.

After reviewing your specific case and concerns, we will describe what the process entails. We will assist you with the initial steps such as obtaining a report that is required known as “The Adoption Home Study and Clinical Review Report”. If the report is favorable and recommends the adoption of the minor child(ren) then we proceed with filing the legal documents and petition with the court. During the whole process you will never be alone we will be with you throughout the entire process. Once the documents are filed with the court, there will be a short hearing set before a judge who in a private and confidential hearing, closed to the public and unrelated parties, will review all the necessary, inquire of the party or parties as may be necessary and even speak to the child(ren) if they are old enough. The entire process does not have an adversarial air to it; quite the contrary it is a happy and joyous event.

Your initial consultation is free of charge. Call us for an appointment to review and discuss your LGBT adoption possibility.

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