Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida had a long standing adoption ban for homosexuals until an appellate court ruled that there was no merit for the ban and found it unconstitutional. However, the issue was not over with that court ruling because there was a push for the Florida Supreme Court to hear the case and brief filed by the State and the Department of Children and Families. However, in October 2010, the State of Florida and DCF announced that they would not appeal the court’s ruling to the Florida Supreme Court. Since they were the original parties, their lack of further appeal meant the end to the ban on homosexuals adopting children in Florida.
While the ban has been lifted, for some in certain parts of the state, the true test will be finding the right organization to assist in an adoption. For many years, DCF and other organizations have allowed homosexuals to foster children, but not adopt them. So, working with these agencies may prove not as challenging as one may suspect, but only time will tell.
If you are interested in adoption you should speak with a family law attorney about your rights and options.