Florida Adoption Attorney
Florida Adoption and Surrogacy Attorneys

Second Parent Adoption


Second Parent 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 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.  One of these situations may involve a gay or lesbian individual adopting their partner’s biological child in what practitioners call a ‘second parent’ adoption.  This child may have been conceived as the result of an anonymous sperm donation or from a previous relationship.  This process is akin to a stepparent adoption, but, due to the way the Florida Statutes are currently written, involve several important distinctions and additional steps depending on the situation, including but not limited to obtaining a home study and post-placement reports.    

This is a new and emerging area of adoption law and, while exciting, can be quite complex.  The attorneys at Jeanne T. Tate, P.A. have successfully finalized second parent adoptions involving gay and lesbian parents.  

Please contact Jeanne T. Tate, P.A. (info@jtatelaw.com or 813.258.3355) if you have questions regarding second parent adoption.  Jeanne has over 30 years of experience in adoption and is available to assist you in your efforts to complete your family through adoption.