LGBTQ+ Adoption

In September 2010, the District Court of Appeal for the Third Circuit ruled that the ban on homosexual adoptions in Florida was unconstitutional. See Florida Department of Children and Families v. X.X.G., 45 So.3d 79 (Fla. 3rd DCA 2010). Until this decision, Florida was the only remaining state to expressly ban all gay and lesbian adoptions without exception.

Since the Court’s decision, home studies are no longer qualified based on sexual orientation, and gay and lesbian individuals have been able to adopt in a variety of situations. If you are looking for information on adopting an infant, please go to the “Adoptive Parents” section of our website or click HERE.

If you are looking for information on a LGBTQ+ couple wherein one spouse is adopting their partner’s biological child in what practitioners call a ‘confirmatory adoption’ or ‘second parent’ adoption, keep reading here! This child may have been conceived as the result of an anonymous sperm donation, other assisted reproductive methods, or from a previous relationship.

The general consensus of the LGBTQ+ legal authorities is that same-sex couples affirm their rights through an adoption of their own child(ren), even if both spouses are already listed on the birth certificate. Here are some reasons why:

In a perfect world, when a child is born into a legal marriage, both spouses are automatically listed as parents on the birth certificate. This concept, known as “marital presumption,” is widely accepted and is true in Florida for same-sex couples. In some states, this presumption can be challenged and can lead to unnecessary stress, confusion, and even legal battles down the road. For more information on Florida’s procedure, click HERE.

Here’s the key point: A birth certificate is essentially an administrative record, not a definitive legal determination of parentage. To ensure your parental rights are secure and protected from future challenges, adoption offers a powerful solution.

At Tate Healey Webster, we understand the unique needs of LGBTQ+ families and can help you navigate the adoption process and secure your family’s future in these scenarios through two main options:

• Second-Parent Adoption: This option is ideal for unmarried same-sex couples who wish to establish legal parenthood for the non-biological parent. A Second-Parent Adoption is usually reserved for nonmarried LGBTQ+ couples and requires a home study and post-placement supervision.
• Confirmatory Adoption (Similar to Stepparent Adoption): Confirmatory adoption is a legal process that establishes parentage for nonbiological or non-gestational parents. For married same-sex couples, a confirmatory adoption acts as a legal safeguard, solidifying the parental rights of the non-biological and/or non-gestational spouse.

Navigating the adoption process can feel overwhelming. That’s where we come in. Our experienced attorneys specialize in adoption law and understand the nuances of same-sex adoption in Florida and can guide you smoothly through each step. With offices across the state, we can help you no matter where you live in Florida!

Please contact Tate Healey Webster ([email protected] or 813.258.3355) if you have questions regarding your options. The attorneys at Tate Healey Webster have focused their practice on adoption and assisted reproductive law for a combined total of over 120 years and have helped complete thousands of adoptions. Click HERE to learn what considerations to take into account when selecting an adoption attorney.

Click HERE if you have questions about what financial resources may be available to assist you on your adoption journey.