Frequently Asked Questions about Stepparent Adoption for Same-Sex Couples

Same-sex couples are increasingly raising children. According to the 2020 census, 17% of same-sex couples were raising children, a number which increased to 22% when looking specifically at same-sex couples who were married.

Many prospective parents have questions about the process. A family law attorney provides more detail about stepparent adoption below.

Can Same-Sex Couples Adopt in Florida?

Yes, same-sex couples can adopt in Florida, as there is no current law prohibiting it. However, there are many considerations, so prospective parents should consult an attorney. The ultimate legal standard for adoption is whether it is in the child’s best interests.

Who Can Adopt in Florida?

Although there is no ban on LGBTQ⁺ parents adopting, state law still has certain eligibility requirements. Under Florida Statute 63.042, a married couple must jointly petition the court to adopt a child, and each person must be at least 18 years of age.

Is Stepparent Adoption Common?

Yes, this is a common adoption method. Many same-sex couples have been in relationships before and have children. We have worked with blended families.

Can I Adopt My Spouse’s Child if the Other Parent Objects?

A child can only have two parents in Florida, so one consideration is whether the other biological parent wants to give up their rights. Not every parent agrees. By giving up their rights, parents no longer have a legally enforceable right to see their child. That can create headaches, especially if you want to secure parental rights in the child. Your odds are higher if the other biological parent is out of the picture entirely.

Will I Be Responsible for Supporting an Adopted Child if We Divorce?

Yes, a judge can order you to pay child support if you divorce or separate. Along with parental rights come parental obligations. For this reason, we encourage clients to think carefully before adopting.

Can Same-Sex Couples Use IVF and Other Technology?

This is an option for same-sex couples who want to adopt a child. For example, a woman might have artificial insemination. Other couples (particularly same-sex male couples) might use a gestational surrogate. These technologies present complicated legal issues. Ideally, parents will have air-tight legal agreements in place before undertaking any artificial reproductive technology (ART). Contact Hamilton O’Neill.

Who Has Custody if a Couple Divorces or Splits Up?

The answer to this question depends on whether both parents have adopted the child or if only one spouse is a legal parent. Other considerations are those that will impact any couple after divorce: each parent’s involvement and capacity to care for a child. Judges make custody decisions based on a child’s best interests.

Speak with An Experienced Family Law Attorney Today

Blending two families together takes work and persistence. Adopting a stepchild is often an important step for families. To learn more, please contact Hamilton O’Neill to speak with a Miami family lawyer. Our firm can discuss the steps involved in step-parent adoption. We can also discuss options if the other biological parent has objected to giving up their rights.

Source:

outinjersey.net/57-of-same-sex-couples-are-married-22-of-them-are-raising-children-in-u-s/