LGBT Adoption Legal Services

In 2015, same-sex marriage was legalized in Florida. As a result, married same-sex couples are able to legally adopt a child together.  They are also able to petition the court for a stepparent adoption, allowing one spouse to adopt the other spouse’s biological or adopted child and become a legal parent to that child. This type of adoption can provide security and stability for children.

Benefits and Rights

An LGBT adoption offers full legal and custodial parental rights. Some of the reasons why a partner, who is not the child’s biological or adoptive parent, would want to become a legal parent include:

  • It guarantees that the parent’s custody rights and responsibilities will be protected, even if the couple separates in the future.
  • It ensures the child’s eligibility for health benefits.
  • It provides the right to make educational, health, and other important decisions on behalf of the child.
  • It provides financial security for the child in the event of the death of either parent.

It is important for LGBT parents to understand that having one’s name on the birth certificate does not guarantee parental rights if that person is not a biological or adoptive parent.  Only an adoption can secure such parental rights.

What Situations do LGBT Couples Seek Adoption?

Examples of situations where a LGBT couple or individual might seek an adoption include:

  • A lesbian couple where one parent is the biological parent and the child was conceived through donor sperm.
  • A gay couple where a surrogate mother has given birth to a child conceived with one of the men’s sperm.
  • A lesbian or gay couple where one parent previously adopted a child as a single parent.
  • A lesbian or gay couple where one partner has a biological child from a previous relationship and the other parent of the child is willing to relinquish his or her parental rights.

I am proud to provide representation in LGBT adoptions; however, this is a dynamic and evolving area of law in Florida, and each case is different. Contact my office for an initial consultation to determine if this is an option for your family.