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LGBTQ+ Adoptions Helping People Move Forward with Their Life

Florida LGBTQ+ Adoption Attorneys

Helping LGBTQ+ Couples With Adoption in Florida

Starting a family is a deeply meaningful journey, and for many, adoption can be an important path to parenthood. While same-sex couples in Florida now have the legal right to adopt, the process can still present challenges due to evolving laws, complex procedures, and lingering biases in the system.

At The Virga Law Firm, P.A., we are committed to helping LGBTQ+ families navigate Florida’s adoption process. Our award-winning attorneys have extensive experience handling adoptions and understand the unique legal considerations that LGBTQ+ parents face. Whether you are looking to adopt jointly, as a single parent, or as a stepparent to your spouse’s child, we are here to guide you every step of the way.

We proudly serve LGBTQ+ families across Florida, including Orlando, Pensacola, Navarre, Panama City, and Fort Walton Beach. Call (800) 822-5170 or contact us online to schedule a consultation.

LGBTQ+ Adoption in Florida: Understanding Your Rights

For decades, Florida law prohibited LGBTQ+ individuals and couples from adopting. The state’s ban, in place since 1977, was officially struck down in 2010, and the law was repealed in 2015 following the landmark U.S. Supreme Court decision in Obergefell v. Hodges, which granted same-sex couples the right to marry nationwide.

Today, Florida law allows LGBTQ+ individuals and couples to adopt, but certain legal and procedural challenges remain. The adoption process requires careful attention to documentation, parental rights, and possible biases from agencies or other parties involved.

Types of Adoption for LGBTQ+ Parents

LGBTQ+ parents have several options when it comes to adopting a child in Florida.

1. Joint Adoption for Married Couples. Only married couples—regardless of gender or sexual orientation—are eligible to jointly adopt a child in Florida. Married same-sex couples can adopt through:

  • The Florida Department of Children and Families (DCF)
  • A private adoption agency
  • Independent adoption (when a birth parent directly places a child with adoptive parents)

2. Single-Parent Adoption. LGBTQ+ individuals who are unmarried can adopt a child through private agencies or DCF. The process generally involves home studies, interviews, background checks, and adoption classes.

3. Second-Parent or Stepparent Adoption. If one partner in a same-sex couple is the biological or legal parent of a child, their spouse or partner may wish to establish legal parental rights through a stepparent or second-parent adoption. This is particularly important because:

  • A biological parent’s spouse is not automatically granted legal parental rights.
  • Adoption ensures that both parents have equal custody, inheritance rights, and decision-making authority.
  • Without adoption, a non-biological parent’s rights could be challenged in court.

Second-parent adoption can be critical for legal security, especially for lesbian couples who conceive through assisted reproductive technology, as Florida law does not automatically recognize two mothers on a birth certificate.

Potential Challenges for LGBTQ+ Adoptions

Although the law permits LGBTQ+ adoptions, some families still face challenges in the process:

  • Bias and Delays – Some adoptive parents report delays or additional scrutiny from agencies or caseworkers who may have personal biases.
  • Non-Biological Parental Rights – If legal adoption is not completed, a non-biological parent may face legal difficulties in asserting parental rights, particularly in medical or educational decisions.
  • Birth Certificate Issues – Florida does not currently allow two mothers to be listed on a birth certificate without an adoption order.

Because of these challenges, it is essential to work with an attorney who understands the adoption system and can advocate for your rights.

LGBTQ+ Adoption FAQ

Do LGBTQ+ Parents Have the Same Adoption Rights as Heterosexual Parents in Florida?

Yes. Florida law allows same-sex couples and LGBTQ+ individuals to adopt. However, the process can still present challenges, and legal assistance can help ensure a smooth adoption.

Can an Unmarried LGBTQ+ Couple Adopt Together in Florida?

No. Florida only permits married couples to adopt jointly. If an unmarried couple wishes to adopt, one person must adopt as a single parent.

Do LGBTQ+ Parents Need to Complete a Second-Parent Adoption?

Yes, in many cases. If one parent is the biological or legal parent of a child, the other parent must legally adopt the child through a second-parent adoption to gain full parental rights.

Can an LGBTQ+ Parent Adopt a Child From Another State?

Yes, but the adoption must comply with both Florida law and the laws of the child’s home state. Some states may have additional restrictions or procedures.

Speak With a Florida LGBTQ+ Adoption Lawyer Today

Adoption is a life-changing experience, and having a knowledgeable legal advocate by your side can make all the difference. At The Virga Law Firm, P.A., we are committed to protecting the rights of LGBTQ+ parents and ensuring that every family receives fair and equal treatment under the law.

Our team has helped LGBTQ+ individuals and couples successfully navigate Florida’s adoption system, from agency adoptions to second-parent and stepparent adoptions. If you are considering adoption, we are ready to provide the guidance and support you need.

We proudly serve clients throughout Florida from offices in Orlando, Pensacola, Navarre, Panama City, and Fort Walton Beach. Call (800) 822-5170 or contact us online to schedule a consultation.

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