Can a Same-Sex Couple Adopt Children Together in FL?

Yes, under certain conditions.

Until 2010, the answer to this question was “no.” Florida was one of the last states in the country with a same-sex adoption ban. Although the courts struck down this ban, lingering discrimination cannot alter the fact that same-sex couples can adopt children together in Florida.

Now, same-sex couples have the same adoption options as heterosexual couples. For both kinds of couples, a Sarasota family law attorney is a critical partner. Many times, attorneys give adopting couples a voice in a process during which they often feel voiceless. Other times, an attorney steers the adoption from beginning to end. Attorney involvement early on usually avoids the heartache of a botched adoption later.

Single Adoption

LGBTQ+ individuals or unmarried same-sex couples can adopt through private adoption or almost any other kind of adoption, such as a private agency matter or the Florida Department of Children and Families (DCF) adoption.

When the birth mother has a relationship with the adopting person or couple, emotional strains are easier to handle, at least in many cases. The tradeoff is that these adoptions have several moving parts, namely payments to the birth mother and the legal procedure of termination and adoption.

State law sharply limits the amount of financial assistance an adoptive family can give a birth family while the mother is pregnant. This assistance is usually limited to minimal living expenses, which in most cases is a small monthly stipend and medical bill payment.

Furthermore, these expenses must be accounted for to the penny throughout the process. Additionally, the DCF usually has jurisdiction to seize these financial records even after the adoption is finalized.

Events have moved very quickly over the last three or four months. During this time, the parents must waive parental rights, and the adopting family must pass a home inspection.

Usually, mothers cannot sign papers until after their babies are born. The post-birth waiting period is usually at least forty-eight hours. Many adopting families are on pins and needles this whole time. Regardless of what assurances the mother gave earlier in the process, she could choose to pull the plug at the last minute.

Generally, the birth father must also surrender his parental rights. This step is difficult to take if the father is AWOL or unwilling to sign.

Joint Adoption

Agencies generally handle joint adoptions. The agency usually handles all the heavy lifting in these cases. A Sarasota family law attorney is basically an adviser in these cases.

Second Parent (Stepparent) Adoption

Attorneys once again take center stage during expedited stepparent adoptions. Same-sex stepparent adoptions usually do not include home studies or social studies. However, the aforementioned paperwork must be in place.

The discrimination may come into play as well. Some divorced heterosexual individuals do not want their children to be around same-sex couples. This attitude, however inappropriate it may be, is nevertheless valid.

If these emotional hurdles are too high, attorneys often fall back on name change petitions. A name change petition does not have the same legal force as a termination/adoption, so even the most biased parents are often willing to sign them. For the blended family, everyone under the same roof has the same last name. The emotional benefits of this change are hard to understate.

Reach Out to a Compassionate Sarasota County Adoption Attorney

Same-sex and heterosexual couples have the same adoption rights in Florida. For a confidential consultation with an experienced family law attorney in Sarasota, contact Carman & Finegan, P.A. The sooner you reach out to us, the sooner we start working for you.