Legal Question in Family Law in Florida

Gay Adoption

What is the status of gay adoption in Florida now that the ban was ruled unconstitutional? Can gay people start adopting or do they need to wait for it to go to the Supreme Court?

Thank you.


Asked on 12/01/08, 7:26 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Gay Adoption

Only two trial court judges have ruled that the gay adoption ban violates the constitution. The state is divided into hundreds of trial court divisions and five appellate courts. If a gay couple were to adopt, any one of those hundreds of trial judges could invalidate the adoption unless, by remarkable chance, the case landed befoe one of the two judges who are allowing gay adoption.

My advice to gay couples would be to wait until the supreme court of Florida makes a decision rather than risk the heartbreak of losing a child. Once the supreme court rules, all Florida's appellate and trial courts must follow.

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Answered on 12/02/08, 11:46 am
Kelly Papa Law Office of Kelly Papa

Re: Gay Adoption

They can start the process now. Adoption of any sort may take a long time. I think it will remain unconstitutional for the state to discriminate against gays for adoption, but one who is gay and wanting to adopt may risk a broken heart if the supremes don't agree.

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Answered on 12/01/08, 8:10 pm


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