Jan 21, 2026
The general consensus of the LGBTQ+ legal authorities is that same-sex couples affirm their rights through a confirmatory adoption of their own child(ren), even if it seems counterintuitive. Here’s why:
Marital Presumption and the Importance of Legal Protection
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, visit Florida Begins Issuing Married Same-Sex Couples Birth Certificates Which List Both
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.
Florida Adoption Options for Same-Sex Couples
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 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.
- 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.
Why Choose Us for Your Same-Sex Adoption Needs?
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!
We believe the adoption process shouldn’t be a financial burden. While it does involve some fees, we strive to make it an affordable option for your family.
