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.
You can find portions of the Tampa Bay Times story below.
I was recently reviewed on Avvo.com by a client in a stepparent adoption matter who discussed her experience.
As I am required to note by the Florida Bar, please understand that every case is different, and you may not receive the same or similar results. You can find the review after the jump:
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.
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.
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:
There is now a new reason for adult foster children to consider formalizing their relationship via a Florida adoption: health insurance coverage for young adults under the Affordable Care Act, commonly referred to as ObamaCare.
Though the law has been highly controversial and plagued with technological and political missteps, one portion of the law that has received near-universal praise is the ability for parents to cover their children up to the age of 26. Unfortunately, adult foster children may not be eligible for this benefit. But there is a solution.
Section 63.042(1) of the Florida Statutes permits any person, a minor or an adult, to be adopted. Florida law also has an expedited process so that an adult adoption can be accomplished much more quickly than most adoptions of children.
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 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:
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.
Florida law provides a choice as to where prospective parents should file a case for termination of parental rights and adoption. Generally, the adoption must be filed where (i) the child lives or (ii) the adoption entity, intermediary, or attorney for the prospective parents is located.
Which of these counties is chosen may be a strategic decision…
When a potential client comes into my office seeking to learn more information about Florida adoption (whether it be stepparent adoption, close relative adoption, second parent adoption, or non-relative adoption), two questions almost always seem to catch the potential client off guard:
- Is the prospective adoptee/child a member of an Indian tribe?
- Is the prospective adoptee/child eligible to be a member of an Indian tribe?
If the answer to either of those questions turns out to be yes, then a federal law known as the Indian Child Welfare Act (“ICWA”) is triggered and special procedures must be observed. In determining whether an adoption should be granted, a court must not only look at the best interests of the child, but also take into consideration the interests of the child’s Indian tribe. Preference for adoption is to be given to the child’s extended family within that tribe over a non-tribe member non-relative.
A recent South Carolina adoption case involved the Indian Child Welfare Act. The following video from CNN discusses this case of “Baby Veronica” and the impact of the Indian Child Welfare Act on her adoption:
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