When people think of adoption, they generally envision an adult adopting a minor child. The adult may be a close relative or stepparent of the child, or not related to the child at all, but this is seen as the norm.
But can an adult adopt another adult? Can a stepparent adopt an adult stepchild?
The unfortunate truth is that current Florida law is not conducive to recognizing the relationships that develop in lesbian, gay, bisexual, and transgender families. However, there are steps that Florida and Tampa Bay LGBT parents can take to boost the recognition of their parental rights.
If LGBT parents are committed to raising a child together and recognizing each parent’s rights, I highly recommend that partners consider adopting each other’s children. This helps form an unbreakable legal bond between the children and each partner. Though the law is not completely settled in this area, the judges in Hillsborough County (including Tampa) are granting adoptions by LGBT partners. What’s more, an adoption attorney located in Hillsborough County (such as myself) can help Florida parents come before Hillsborough County judges no matter where in Florida the parents live.
Co-parenting agreements can be great evidence that LGBT partners intend to parent children together. It can boost the argument that “psychological parenting,” or the formation of a parent-like relationship between a child and a non-legal parent, has occurred and make it or more likely that parental rights will be recognized by Florida’s legal system.
A hyphenated or unified last name can go a long way in demonstrating to the Florida legal system that partners intended to raise children together. For example, if partner 1 is named Jones, and partner 2 is named Smith, it would be helpful to have all partners and children’s last names hyphenated or unified, so that everyone has a last name of Jones-Smith, Smith-Jones, Smones, Jith, etc. Florida has laws to aid in legal name changes.
CNN has been reporting the story of Maurice Smith, a man who was adopted by his foster parents. Mr. Smith was an adult (32 years old) at the time of the adoption. Below is the video:
As in this story, adults may be adopted by their foster parents in Florida.
Many Florida foster parents and foster children have the mistaken belief that, once a child turns 18, he or she is no longer eligible for adoption. In fact, Florida Statutes section 63.042 states explicitly that “[a]ny person, a minor or an adult, may be adopted.”
When teenagers come to live in a foster home, they oftentimes do not want to be adopted as they are seeking to exert their independence and may see adoption as a hindrance to that independence.
However, as children become older and more bonded to their foster parents, they may come to appreciate the permanence that comes with adoption. Further, as foster children become adults, and begin thinking about starting their own families, they may come to realize that they want their children to have grandparents.
Fortunately, Florida has expedited procedures for adult adoption.
In July 2012, I wrote an article on Florida Adoptions and the Indian Child Welfare Act which discussed the case of Baby Veronica. This is a case in which a biological father who belonged to the Cherokee Indian tribe objected to the adoption of his daughter after he had already signed a consent to the adoption.
In his objection, the biological father cited the Indian Child Welfare Act, a federal law enacted in the 1970’s which states that, when determining whether and adoption for a child who is a member of an Indian tribe should be granted, the Court must take into consideration not only the best interests of the child, but also the best interests of the Native American tribe.
The South Carolina Supreme Court ruled in favor of the biological father, but the prospective adoptive parents have appealed the ruling and the U.S. Supreme Court has agreed to take up the case. Below is a report from CNN:
Jeff Stidham posted the following Tampa adoption story on the website of Hillsborough County’s Thirteenth Judicial Circuit:
Three weeks before their fifth anniversary, Ali and Tonya Muhammad began preparing for a new arrival: a baby boy destined to become one of their own. They welcomed young Marcus on Nov. 5, 2010, three days after his birth. Their anniversary.
And so began a two-year journey toward adoption that concluded Nov. 16 on National Adoption Day, when Marcus, now called Sameer, became part of a “forever family.”
Florida’s Adoption Information Center is holding a conference on Saturday, January 12, 2013, in Jacksonville, Florida, for adoptive parents and prospective adoptive parents.
Florida’s Adoption Information Center was “created by the Florida Legislature to serve as a clearinghouse in every area of adoption. The Center has served more than 175,000 people since opening in 1994. As a free service, the Adoption Information Center provides adoption information and referral services to adoptive parents, adult adoptees, birth relatives, pregnant women and professionals.”
Below is the agenda for the conference:
The video below from WPTV News showcases a Florida same sex couple who were able to finally and legally expand their family by adopting a foster child for whom they had long looked after:
Related: Five Legal Steps Florida LGBT Parents Should Take
Hillsborough County is a venue that is also friendly towards LGBT families looking to adopt. Even if you do not live in Hillsborough, you may have your same sex adoption take place in Hillsborough County if you retain an adoption entity located in the county.
The Florida Supreme Court provides the following commentary on Mandatory Disclosure in Florida family law cases:
Rule 12.285, Florida Family Law Rules of Procedure, requires each party in a dissolution of marriage to exchange certain information and documents, and file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Failure to make this required disclosure within the time required by the Florida Family Law Rules of Procedure may allow the court to dismiss the case or to refuse to consider the pleadings of the party failing to comply. This requirement also must be met in other family law cases, except adoptions, simplified dissolutions of marriage, enforcement proceedings, contempt proceedings, and proceedings for injunctions for domestic or repeat violence. The Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932, lists the documents that must be given to the other party. For more information see rule 12.285, Florida Family Law Rules of Procedure, and the instructions to the Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932.
It is important for every person who is served with a Florida petition for dissolution of marriage to respond to the petition in a timely manner.
The petition, which sets out what a person wants a judge to do (such as dissolve the marriage, rule on custody, order child support, and divide marital property and debt), is generally personally served by a sheriff’s deputy or other authorized process server. Once served, the respondent has 20 days to provide an answer to the petition and agree or disagree with the petitioner’s requests and allegations.
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