Image from Freepik
Building a family as an LGBTQ+ couple in Florida often means facing complex laws. You may need to confirm your marriage, secure parental rights, learn adoption steps, and know anti‑discrimination protections.
In this article, we address common questions about LGBTQ family law in Florida, with a focus on adoption. Our goal is to give you the legal information you need to protect your family’s future.
Contents
- Is it legal to adopt in Florida as a same-sex couple?
- Now that my partner and I are legally married, do we still need to adopt the children we’ve raised—or will raise—together?
- How long does the adoption process usually take from start to finish?
- Can I foster or adopt through an agency located outside my county of residence?
- Do I have to hire an attorney to complete an adoption?
Frequently Asked Questions
In September 2010, the Florida Court of Appeals ruled that it was unconstitutional to ban same-sex couples from adopting. Then, in 2015, the U.S. Supreme Court ruled that the Fourteenth Amendment’s Due Process and Equal Protection Clauses guarantee same‑sex couples the fundamental right to marry, a landmark decision made as a result of the Obergefell v. Hodges ruling. This legalization of same-sex marriage allowed LGBTQ+ couples to build families through adoption and foster care.
In Florida, there are several avenues for adoption, including single adoption, joint adoption, or stepparent adoption.
- Single Adoption – A child is adopted by an individual through a private agency or the Florida Department of Children and Families (DCF).
- Joint Adoption – A married couple adopts a child together, now possible statewide following legalization of same‑sex marriage.
- Stepparent Adoption – When one spouse is already the child’s legal parent (by birth or prior adoption), the other spouse can secure parental rights through a stepparent adoption.
- Second‑Parent Adoption – Unmarried partners or co‑parents can establish legal ties by pursuing a second‑parent adoption, ensuring both adults have recognized parental status.
Even if you and your partner are now legally married, a non‑biological parent may still lack full parental rights without a formal adoption. Florida law presumes that the spouse of a birth parent is also a parent, but this presumption isn’t absolute and may not fully safeguard your parental status. Even if you were married to the birth parent when your child was born, it’s advisable to obtain an adoption or court order confirming your parental status to ensure full legal protection.
To ensure legal protection—especially if you travel or relocate to another state—it’s wise to obtain an adoption decree or court order recognizing your parentage. If your marriage occurred after your child’s birth, adoption is required to secure your rights.
Timelines vary by adoption type, but stepparent adoptions tend to be the quickest. This speed highlights why marriage equality is so important for LGBTQ+ families.
Typically, adoptive parents file in the county where they and the child reside. However, you can complete the process even if the child or your attorney is based in a different county or state. Your adoption petition may be filed outside your home county as long as you meet the jurisdictional requirements.
You can obtain and file the adoption petition yourself without an attorney, but legal guidance is highly recommended. Florida requires every prospective adoptive parent to undergo a rigorous screening and a state‑mandated home study unless you’re pursuing a stepparent adoption of your spouse’s legal child, in which case the home study is waived.
More Questions? Get Expert Legal Advice from a Same-Sex Family Lawyer in Fort Myers and Cape Coral, FL.
Building a secure, loving future for your family starts with having the right legal support. Atty. Mellany Marquez‑Kelly understands the unique challenges LGBTQ+ families face, from adoption to custody and everything in between. With her compassionate approach and deep expertise in Florida family law, she’ll take the time to listen to your concerns, explain your options in clear terms, and craft a strategy that honors your family’s needs and goals.
Don’t navigate these important decisions alone. Let Atty. Marquez‑Kelly of Your Advocates guide you through each step with the care and dedication your family deserves. Call (239) 214-0403 or send us a message through our online contact form to schedule your complimentary 30-minute consultation.
