A mother and her daughter in a tent reading a tablet.

Can Same-Sex Couples Adopt in Florida?

Florida is known for its warm weather, stunning beaches, and diverse culture. However, when it comes to adoption, Florida has long struggled with the issue of same-sex couples adopting children. While the laws have slowly begun to change over the past few years, many same-sex couples are still uncertain about their eligibility to adopt. In this blog post, we will explore the current state of same-sex adoption in Florida, addressing some of the most common questions and concerns that prospective adoptive parents may have.

Are Same-Sex Couples Allowed to Adopt in Florida?

First and foremost, it is important to note that as of 2015, same-sex couples are allowed to adopt in Florida. This overturns the previous ban on same-sex adoption, which had been in place since 1977. However, some adoption agencies and professionals may still hold discriminatory beliefs or policies that make it challenging for same-sex couples to pursue adoption. Additionally, there are some key legal considerations that same-sex couples should be aware of.

How Do Joint Parental Rights Work for Unmarried Same-Sex Couples?

If an unmarried same-sex couple wishes to adopt a child together, they may face some difficulties regarding joint parenting rights. In the event of a dispute or legal challenge, an unmarried partner may not be granted legal custody of the child. Therefore, it is recommended that unmarried same-sex couples consult a family law attorney who has experience with LGBTQ+ family law to better understand their options and rights.

How Does the Birth Certificate Process Work?

Another legal issue that same-sex couples should be aware of is the birth certificate process. In Florida, the Office of Vital Statistics typically only issues birth certificates to the mother and father of a child. However, if a same-sex couple adopts a child, they can petition the court for a revised birth certificate that accurately reflects their child’s parentage. This is an important consideration for couples who wish to ensure that they’re both legally recognized as the child’s parents.

What Requirements Must Same-Sex Couples Meet to Adopt in Florida?

As with any adoption process, same-sex couples must meet certain requirements to adopt. These requirements include passing a home study, demonstrating financial stability, and generally being able to provide a loving and safe home environment for the child. Same-sex couples are supposed to be held to the same standards as heterosexual couples.

Ultimately, the most important factor in any adoption is the ability of the adoptive parents to provide a safe, loving, and stable home for the child. With the right preparation and support, same-sex couples in Florida can absolutely pursue adoption and grow their families.

Need Help with Same-Sex Adoption in Florida? Speak with Our Experienced Same-Sex Family Law Attorneys Today!

Even though same-sex adoption is legal in Florida, there are still some legal and societal considerations for LGBTQ+ families. That’s why same-sex couples considering adoption in Florida should work with a family law attorney who has experience with LGBTQ+ family law.

At Orshan, Spann & Fernandez-Mesa, our family law attorneys have been helping members of the LGBTQ+ community resolve family law issues for years. Our legal team has helped with cases involving same-sex adoption, marriage, and divorce.

To learn more about Orshan, Spann & Fernandez-Mesa, read our clients’ reviews.

Give Orshan, Spann & Fernandez-Mesa a call at (305) 853-9161 or get in touch with us online today to schedule a consultation.