Married Same Sex Adoption

Married same-sex couples in Florida have the same rights to adopt as opposite-sex married couples. In 2010, a law was passed that removed the ban on adoption by gay individuals and couples in Florida, and in 2015, the United States Supreme Court ruled in the landmark case of Obergefell v. Hodges that same-sex couples have the constitutional right to marry, making adoption by married same-sex couples legal in all states, including Florida.

In Florida, the adoption process for married same-sex couples is the same as for opposite-sex married couples. The couple must first decide if they want to adopt a child through an agency or through a private adoption. They will then need to go through a home study and complete all required paperwork.

Florida law also allows for second-parent adoption, which is the adoption of a child by a second parent in a same-sex couple without terminating the first parent’s legal rights. This type of adoption is important for non-biological parents to establish legal parentage and secure their rights as a parent to the child.

It’s important to note that even though same-sex couples have the legal right to adopt in Florida, they may still face discrimination or challenges in the adoption process due to their sexual orientation or gender identity. However, it is illegal to discriminate against prospective adoptive parents based on their sexual orientation or gender identity.

Contact Rhoden Law Group for experienced, compassionate explanations of adoption within a same sex marriage. Consultations are always a courtesy. 321-549-3162 office/text.