Florida Same-Sex Adoption Law

Same-sex couples cannot legally adopt in Florida.

Florida is the only state within the United States to have an across the board ban on same-sex couples adopting children. The law, first enacted in 1977, has been challenged numerous times but still stands. Despite this, certain Florida Judges have opted to overlook the ban, calling it "unconstitutional." Since 2008, three cases have been ruled in favor of same-sex adoptions in Florida.

The Law

Gays and lesbians do not share equal rights in Florida.

Under section 63.042 of the Florida Code, same-sex couples in Florida are not allowed to adopt a child under any circumstance, even if one of the two people within the relationship already has a child. For example, if a homosexual person already has a child, his partner cannot legally adopt said child. Furthermore, if a child is related to a homosexual, and the child needs adoption, the homosexual cannot legally adopt the child. However, same-sex couples can become foster parents to a child.

Early History

Florida first banned same-sex couples from adopting a child in 1977. Dade County, now known as Miami Dade County, passed an ordinance banning discrimination based on sexual orientation that Anita Bryant successfully fought against. As a result, Dade County placed a ban on same-sex couples adopting children, a ban that still exists today. Florida remains the only state to have an outright ban on gays and lesbians adopting children on the books.

The Lofton Case

The Supreme Court refused to hear the Lofton case.

On Monday, January 10, 2005, the Supreme Court refused to hear a challenge against Florida's ban on same-sex couples adopting, declining a petition from four gay foster parents. The plaintiff's initially sued the Attorney General and the Department of Children and Families (DCF) in a case entitled Lofton v. Secretary of the Department of Children and Family Services. They eventually lost and ultimately turned to the Supreme Court, which denied their request for a hearing.

Other Cases

Some judges in Florida have overlooked the ban.

Since 2008, the number of gay couples who have been allowed to adopt a child in Florida is three. The first took place on August 29, 2008, when Judge David J. Audlin granted adoption rights to Wayne LaRue Smith. The second occurred a month later when Judge Cindy Lederman approved the adoption of two half brothers by Frank Martin Gill, who had already been their foster parent. Judge Maria Sampedro-Iglesia of Miami, who allowed Vanessa Alenier to take custody of an infant relative, made the ruling for the third case. The State of Florida is still appealing as of 2010 both the Lederman and Sampedro-Iglesia rulings.

Full Faith and Credit Clause

Gay couples can legally adopt a child in Washington State.

Gay couples that have adopted a child in another state where it's legal are granted the same rights as heterosexual couples who adopt a child in Florida under the Full Faith and Credit clause of the Constitution. One of the first cases to settle this was Embry v. Ryan. Ryan had given birth to a child in Washington State in 2000, and Embry adopted the child so that the two could raise the child together. When the couple moved to Florida and separated, Ryan argued that Embry had no legal rights to the child under Florida law. However, since the adoption took place in a state that legalized same-sex adoption, Ryan lost the case.

References

• Miami Herald: Ruling A Third Strike Against Florida's Gay Adoption Ban
• Huffington Post: Your request is being processed... Florida Gay Adoption Ban Ruled Unconstitutional
• Washington Post: Gay-Adoption Ban In Florida to Stand
• Spiritus: Anita Bryant
• SCPR: In Florida, Gay Adoption May No Longer Be Forbidden

Resources

• FindLaw: Adoption and Same-Sex Couples: Basics
• Gay Rights: An LGBT Person's Guide to the Contemporary History of the United States: 1981-Present