Many same-sex couples in Florida dream of starting a family, and they wonder whether they will be allowed to legally adopt a child. The answer is yes, same-sex couples can legally adopt a child in Florida. However, that has not always been the case. Dive into all the details below to learn more about the history of adoption for same-sex couples in Florida and the process for adopting a child.
History of Adoption for Same-Sex Couples
Florida had a law on the books for many years that banned adoption for gay and lesbian couples. This means that these same-sex couples were not allowed to legally adopt a child. In fact, this law was in effect until 2010.
In 2010, Florida’s gay adoption ban was ruled unconstitutional and overturned. In 2015, the Florida legislature officially repealed the ban. Although adoption by same-sex couples is now legal in the state, some couples still face challenges, such as prejudice by private adoption agencies.
How Does a Same-Sex Couple Adopt a Child in Florida?
The process of adoption is the same for all couples in Florida. Single adults may also adopt children if they meet all the criteria for a legal adoption. There are four types of adoptions that may take place in Florida.
Those include:
- Relative adoption
- Stepparent adoption
- Adult adoption
- Agency or attorney/intermediary-facilitated adoption
Each type of adoption has its own rules that must be followed. For same-sex couples, the agency adoption process or the attorney/intermediary-facilitated adoption is generally the route that will be followed. To complete an agency or attorney/intermediary-facilitated adoption, the process is as follows.
All adoptions begin with a home study. A social worker will evaluate the couple’s ability to provide a loving and caring home for the child. Background checks will be conducted, and all household members will be interviewed. Upon a successful home study, the matching process begins.
Matching is the process of connecting the parents with a child. This may be done through a public or private agency, the foster care system, or the parents may connect directly with the mother through a private adoption.
Once a match is made, the full legal process starts. This process can get somewhat complex, and it can be lengthy and expensive in some situations. The legal process of adoption includes terminating the birth parents’ parental rights, filing an adoption petition with the court, and getting consent from the birth parents and even the child in some situations.
Finally, once everything is approved and all the paperwork is complete, a judge will finalize the adoption at a hearing. The adoptive parents are now the legal parents of the child, and they have all the legal rights that a birth parent would.
How Is Adoption Affected by Same-Sex Divorce?
Same-sex couples may still find themselves going through a divorce at some point after they get married. If the couple has adopted a child, they will need to address the same issues during the divorce as a straight couple. For example, child custody and child support issues will need to be addressed and settled.
As with any other divorce, the court will assess the best interests of the child when making a custody decision.
Florida law states that the court may consider:
- The moral fitness of both parents
- The mental and physical health of the parents
- The home, school, and community record of the child
- The child’s reasonable preferences in some cases
- The ability of each parent to love and care for the child
Before going through the adoption process, make sure that you and your partner are fully prepared to be parents. Becoming a parent is truly a commitment that should not be taken lightly. However, when you are ready, you may proceed with the adoption process in Florida even if you are part of a same-sex couple.
Contact Conti Moore Law Divorce Lawyers, PLLC for a Free Consultation
Same-sex couples in Florida have the legal right to adopt and build loving families just like any other couple. While the path to equality has involved legal battles and legislative changes, the law now protects the right of same-sex couples to pursue adoption.
That said, the process can still present emotional, legal, and logistical challenges—particularly when dealing with private agencies or navigating the complexities of post-adoption scenarios like divorce. Being informed about your rights and the adoption process is the first step toward successful, fulfilling parenthood.
If you’re ready to take that step, consider speaking with an experienced family law attorney who can guide you through every stage and help you protect your growing family. Contact Conti Moore Law Divorce Lawyers, PLLC for a free consultation.
We serve all through Glenn County and it’s surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203