Tag Archive for: second parent adoption

Saint Petersburg Adult Adoption Lawyer Review: “Thorough, Professional, And A Pleasure to Work With!”

We care about our clients, and we find it especially heartwarming when a client takes the time to let others know about our services.

A recent adult adoption client left a review of our work on our St. Petersburg Family Law Firm Google Page.

St. Petersburg Adult Adoption Lawyer Review

Adam and Jennifer were fantastic. I adopted a longtime friend to be a part of my family and with their help the whole process was very simple. Adam and Jennifer took care of everything right up to and now after the Final Judgement hearing. I would highly recommend Family Diplomacy as they are very through, professional and a pleasure to work with!

Now, we cannot guarantee the same or similar results for you or your family as every case is different.  However, if you would like to learn more about adult adoption, stepparent adoption, grandparent adoption, close relative adoption, second parent adoption, and/or LGBTQ+ adoption, we welcome you to reach out to us and find out more.  We represent clients throughout the State of Florida, and we also have offices in Tampa, St. Petersburg, and Sarasota.

Bradenton Adult Adoption Featured on Ellen DeGeneres Show

This week, a Bradenton adult adoption was featured on the Ellen DeGeneres Show.  Monyay, 19, appeared with her new adoptive mom, Leah Paskalides.  You can see a video clip below.

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Why Florida LGBTQ Families Should Be Concerned About Simmonds v. Perkins

If your child is born while you and your spouse are married, you both will always be considered the parents of the child, right?  Well, not necessarily.  LGBTQ families should be aware of their family law rights.  And according to Simmonds v. Perkins, 247 So. 3d 397 (Fla. 2018), those family law rights may be at risk.

Facts of Simmonds v. Perkins

Simmonds v. Perkins involves a Husband, a Wife, and a Biological Father.  While married to Husband, Wife has an affair with Biological Father.  Wife gets pregnant from Biological Father.  While still married to Husband, Wife gives birth to child.

Now, Biological Father did not know that Wife was married to Husband at the time of the affair, and once Biological Father did learn about the marriage, Wife told him that the marriage was only for “immigration purposes.”

After the child was born, Biological Father would visit the child regularly and paid Wife child support.  Eventually, Biological Father filed an action in court to be named the child’s legal father, have all of the rights of a father (including ability to make decisions and right to spend time with the child), and take on the obligation of child support.

Wife files a motion to dismiss the action because the child was born during an intact marriage between her and Husband.  Traditionally, that meant that there was a strong legal presumption that Husband was the legal father of the child, and it was very difficult for any third party to challenge this status.  Husband would later join as a party and also requested that his rights be respected and the case be dismissed.

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Nonprofit in Florida Offers Grants for Adoption Costs

The Tampa Bay Times recently ran a story about the Gift of Adoption Fund.  Gift of Adoption Fund is a 501(c)(3) organization with a chapter in Florida that helps prospective adoptive parents in need defray some of the costs of adoption.

Adoption Grants | Gift of Adoption Fund

You can find portions of the Tampa Bay Times story below.

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Can 2 Men or 2 Women Appear on a Florida Birth Certificate?

Florida has not had the best history when it comes to the rights of same-sex couples.  For the longest time, the state had a law on the books that gay men and women were forbidden from adopting a child.  Florida not only enacted a so-called Defense of Marriage Act statute but enshrined its opposition to same-sex marriage in the state’s constitution.  Further, even once Florida courts ruled that the state must recognize marriage between people of the same sex, it was unclear whether the state would permit same-sex divorce.

Fortunately, the state has come a long way.  The “gay adoption ban” is no longer on the books.  The U.S. Supreme Court has ruled that a ban on the issuance of marriage licenses to same-sex couples is unconstitutional, as is a refusal of one state to recognize a same-sex marriage solemnized in another state.  And it has become clear that circuit courts in Tampa Bay and around the state must give same-sex spouses the opportunity to dissolve their marriage.

So, at this point, can two parents of the same sex appear on a Florida birth certificate?

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US Supreme Court: Second Parent Adoptions Protected by Full Faith and Credit

This week, the U.S. Supreme Court ruled that a state must give full faith and credit to a judgment granting a second parent adoption issued by a court of competent jurisdiction of another state.

A second parent adoption is similar to a stepparent adoption, where one spouse adopts the other spouse’s child, except that the petitioner in a second parent adoption is not married to the child’s legal parent.  Second parent adoptions were most closely associated with same-sex partners as, until recently, same-sex marriages were not permitted or recognized in Florida and around the country.

Seal of the United States Supreme Court.svgSecond parent adoption was the only method available (where it was permitted) for many LGBT individuals to gain legal recognition as a second parent to a child.

In the case, V.L. v. E.L., 577 U.S. ___ (2016), two women, E.L. and V.L.  were in a relationship from 1995 until 2011.  About seven years into the relationship, E.L. became pregnant via assisted reproductive technology and gave birth to a child (and a couple of years later, to twins).  The women raised the children as co-parents.

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Anti-Gay Language Stripped From Florida Adoption Laws

Up until recently, chapter 63 of the Florida Statutes, which contains the state’s adoption laws, was explicitly anti-gay.  Chapter 63 and adoption case law stated that whether prospective parents could adopt a child should be based on the best interests of the child, with one exception.

LGBT flag

That exception was laid out in Florida Statutes section 63.042(3) (2014), which provided that “No person eligible to adopt under this statute may adopt if that person is a homosexual.”

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Client Review: Adult Adoption in Florida

Floridians know about child adoption, but many do not realize that adults may be adopted as well.  Whether you have an adult step child, adult foster child, adult relative, or other person, Florida courts generally will grant adult adoptions so long the adoptee is younger than the prospective adoptive parent.  Florida courts have even granted adult adoptions that were explicitly for tax planning and estate planning purposes.

A former client of mine whom I recently helped in an adult adoption wrote a review of her experience on Avvo.com.  FLORIDA BAR DISCLAIMER: Please note that every case is different, and you may not receive the same or similar results.

You can see the review after the jump:

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Florida Same Sex Relationships: Do I Need To Adopt My Child?

In general, when a baby is born in an intact marriage, that baby is considered the legal child of both spouses.  Similarly, when a married person adopts a child, that child is oftentimes considered the legal child of that married person and his or her spouse.

But what is the status of a child in Florida born of or adopted into a same sex marriage?  In other words, if two men or two women are married in another state, move to Florida, and have a baby, is that baby considered the legal child of both spouses?

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Florida Gay Adoption: The Man And The Ban

I recently wrote a guess blog for South Florida Estate and Business Planning Attorney Barry Haimo on the end of Florida’s categoral ban on adoptions by homosexual individuals.  Below is a reproduction of the article:

In 1977, the Florida Legislature passed a law stating that “No person eligible to adopt under this statute [the Florida Adoption Act] may adopt if that person is a homosexual.” That law still is still on the books as section 63.042(3) of the Florida Statutes.

However, like other laws that are still on the books, section 63.042(3) is no longer enforced because it has been struck down as unconstitutional. Below is a summary of the case, In re the Adoption of XXG and NRG, 45 So. 3d 79 (Fla. 3d DCA 2010), which overturned the United States’ last categorical ban on gay adoption:

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