Married Vs Unmarried Same Sex Couples Wanting To Adopt

In Florida, there are differences in the adoption process for same-sex couples who are married versus those who are unmarried.

For married same-sex couples in Florida, adoption is a straightforward process that is the same as the adoption process for opposite-sex married couples. The couple may need to go through a home study and complete all required paperwork. Once the adoption is finalized, both partners will have full legal rights and responsibilities as parents to the child.

However, for unmarried same-sex couples in Florida, the adoption process can be more complex. In Florida, only one partner can legally adopt a child if the couple is unmarried. This means that if one partner adopts the child, the other partner will not have any legal rights to the child.

To address this issue, many unmarried same-sex couples in Florida choose to pursue a second-parent adoption. A second-parent adoption is a legal process where the non-biological parent in a same-sex couple can become a legal parent to the child without terminating the first parent’s legal rights. This allows both partners to have legal rights and responsibilities as parents to the child.

In Florida, the process for a second-parent adoption can be more complicated than a traditional adoption. The couple will need to demonstrate that they have an established and ongoing relationship with the child and that the adoption is in the best interests of the child. It’s important for unmarried same-sex couples in Florida who are considering adoption to work with an experienced adoption attorney to navigate this process.

Overall, while adoption is legal for same-sex couples in Florida, there are differences in the process based on marital status. Married same-sex couples can adopt through a standard adoption process, while unmarried couples may need to pursue a second-parent adoption to establish legal rights for both partners.

Contact Bonnie Rhoden, our experienced same sex adoption attorney for a no cost phone consult. 321-549-3162 call or text