Second parent adoption in Florida is when an unmarried parent adopts her partner’s biological or adoptive child. This adoption generally gives the second parent full legal parental rights, legal and custodial. Second parent adoption is important not just in Florida, but in any state without same-sex marriage rights.
What Second Parent Adoption Does
Some people in a domestic partnership assume that taking care of their partner’s child gives them legal rights to that child. This is a mistake. The only sure way to secure these legal rights is through a second parent adoption.
Gay couples that forgo a second parent adoption suffer financially. Tara Bernadd recently explained the financial and legal consequences of a couple in Michigan that was unable to get a second parent adoption due to the laws in that state.
Same-sex couples in Florida and other states without gay marriage should consider second parent adoption for three reasons:
- To protect the original parent.
- To protect the rights of the adopting parent.
- To protect the rights of the child.
Without a second parent adoption, the original parent can’t rely on the second parent’s legal duty to provide for their child. This is especially important if the partners break up: a second parent adoption can make the second parent help provide for the child even after the divorce or domestic partnership dissolution.
Of course, this works both ways. The second parent will also feel more secure in his legal right to care for the child. If the couple breaks up, the second parent will still be able to have a relationship with the child.
Finally, the child herself is guaranteed the legal support of two parents, regardless of what happens to the couple’s relationship.
How Second Parent Adoption Works
Second parent adoptions in Florida and other states work in one of two ways:
- Normal adoption procedures
- Stepparent adoption procedures
Most states follow normal adoption procedures. This means the adopting parent will be treated as an unrelated person. Expect things like home visits by social workers, parental fitness tests, court appearances, and lots of paperwork.
A few states treat second parent adoptions as stepparent adoptions (where someone adopts their legal spouse’s child). These are a lot quicker, cheaper, and easier to get done, because the adopting parent is treated as the original parent’s spouse.
Not every state allows gay partners to do a second parent adoption. Some states allow it completely, while in other states it varies by county. Check out the second parent adoption laws in your state.
Second Parent Adoption in Florida
Getting approval for a second parent adoptions in Florida is tricky. As you probably already know, gay adoption in general was illegal in Florida until just a few years ago. Getting a second parent adoption approved in Florida is doable, but requires specialized knowledge of judges and the legal process. If you’d like help with it, please contact our firm.
