Florida Gay Adoptn and Send Parent Adoptn - Alper Law

Contents:

• FLORIDA GAY ADOPTN AND SEND PARENT ADOPTN
• FOR GAY UPL FLORIDA, AN EASIER PATH TO ADOPTN
• PROCR FOR GAY COUPL LOOKG TO ADOPT
• FLORIDA HOE APPROV BILL TO LET ADOPTN AGENCI REFE GAY PARENTS
• ACLU CHALLENG FLORIDA BAN ON LBIAN AND GAY ADOPTN

FLORIDA GAY ADOPTN AND SEND PARENT ADOPTN

While gay adoptn unr Florida law ed to be outlawed by Florida statut, 2010 the Florida Court of Appeals led that the law banng gay and lbian people om adoptg was unnstutnal. They are ncerned about what the Supreme Court uld do next regardg marriage equaly and gay and lbian parental rights.

By far, the most important step gay and lbian upl n take to solidify the parental rights of non-blogil parents is a stepparent adoptn or send-parent adoptn. Can gay upl adopt Florida?

That ed to not be the se as the law prevly exprsly disallowed gay people om adoptg. DCF is still gog to favor married upl over sgle parents, gay or not.

FOR GAY UPL FLORIDA, AN EASIER PATH TO ADOPTN

Before gay marriage Florida, same-sex upl uld not do stepparent adoptns, as stepparent adoptns were limed to married upl. Gay male upl where a surrogate mother has given birth to a child g one of the men’s sperm.

However, is strongly remend by our office and the natnal gay rights anizatns that lbian married upl do a stepparent adoptn after the child’s birth to ensure that the blogil parent’s wife has full equal parental rights to the child.

How much do a stepparent adoptn for gay upl st Florida? That statute, passed the midst of Ana Bryant’s famo anti-gay csa, was led unnstutnal and unenforceable by a state appeals urt September 2010. ¶ The Duned uple immediately grasped how vulnerable their fay was Florida where, at the time, gay men and lbians uldn't legally marry or adopt children.

PROCR FOR GAY COUPL LOOKG TO ADOPT

¶ Although gay dividuals won the right to adopt children 2010 when a judge stck down Florida's ban, same-sex upl still uldn't adopt jotly. The only way to give gay upl the same parental rights as straight upl was a cumbersome, stly legal procre that experts say often pend on fdg sympathetic judg.

But as fay law Florida shifts to regnize legal gay marriage, adoptn is about to bee signifintly easier. • • •In recent years, a procs known as send-parent adoptn has been at the cuttg edge of gay fay law Florida, but even lawyers who advoted s e had a love-hate relatnship wh . "But now that same-sex marriage is legal Florida, fay lawyers say send-parent adoptn uld bee obsolete the gay muny.

FLORIDA HOE APPROV BILL TO LET ADOPTN AGENCI REFE GAY PARENTS

"Married gay upl should be able to approach adoptn jt like other upl, " said Mary Greenwood, a fay lawyer Brandon whose firm has helped same-sex upl most other fay lawyers, Greenwood said bee many stat and untri still don't regnize same-sex marriag, gay upl Florida should ntue to e adoptn to ensure their children have two legal place of send-parent adoptns, married gay upl now have a signifintly ls expensive and time-nsumg alternative, a procs their straight unterparts have long-ed lled step-parent adoptn. Explore all your optnsFor married gay upl adoptg children out of the foster re system, the procs is about to bee easier still.

A week after gay marriage beme legal, Florida's Department of Children and Fai distributed a memo sentially stctg muny-based re agenci that married same-sex upl n now adopt children jotly, rather than havg one partner adopt the child and the other partner go through a send-parent far, opponents of gay marriage have been silent on the chang. That's not to say there won't be future challeng to gay adoptn, but most opponents are currently foced on the oute of an expected U. Supreme Court lg that uld cement the legaly of gay marriage natnwi.

ACLU CHALLENG FLORIDA BAN ON LBIAN AND GAY ADOPTN

• • •As technil as this shift sounds, fay lawyers say will likely lead to a boom adoptns by married gay Gulfport, Jan and Denise Lowe had been savg for the better part of a year to pay for a home study to adopt their two grandchildren, who are already their re. When gay marriage beme legal, Jan Lowe, 54, immediately lled a lawyer, who assured her a home study would no longer be necsary. "Even among stat historilly hostile to gay rights, Florida's gay adoptn ban stood 1977, the statute was the only one the untry to explicly ban gay men and lbians om adoptg children.

The state would nsir adoptn applitns om other potential adoptive parents on a se-by-se basis — cludg people whose prev adoptns failed, or who had a history of domtic vlence or dg abe — but gay applints were tegorilly led the ban fell 2010, hundreds of gay upl have adopted children through send-parent adoptns. The Florida Supreme Court ultimately reversed the judge's lg, but lawyers' anxiety didn't of anim agast gay upl was so pervasive, that fay lawyers North Florida said they regularly advised their clients to file for adoptn Hillsborough or Miami-Da unti, where the judg had a reputatn for beg welg.

"One of the issu for me was the overall nservative nature of North Florida, " said Patricia Davis, a Jacksonville fay lawyer who has prevly filed gay adoptn s her clients, " was unfortunate that they had to spend extra money and time away om work and home to travel six hours down state to adopt wh the nfince that no bias or prejudice would stand their way, " she arduo as the procs uld be, not havg the legal protectn offered by adoptn felt years after their son was born, Fal surprised Qutana on Mother's Day wh a turquoise wallet. Procr for Gay Coupl Lookg to Adopt.