Second Parent, Stepparent, and Same-Sex Adoptions

An adoption is a great option for many parents, whether they be second parents, stepparents, or members of a same-sex couple. While same-sex adoptions were not an option in the not very distant past, they are now legal in the state of Florida, and the lives of a lot of parents and children have been enriched in the process. Adoption is a complicated legal process, and working closely with an experienced family law attorney throughout the experience is in your best interest.

While a second parent can be a stepparent, this is not necessarily the case. A second parent is often the same-sex spouse of either the birth parent or the adoptive parent of the child. This second parent adoption is often necessary for a person who acts as a child’s parent and can even be married to the child’s birth mother, biological father, or adoptive parent. It is important to note, however, they are not a parent in the eyes of the law because they are not on the birth certificate. Second parent adoption allows this parent to enjoy the full legal rights of parenthood without diminishing the other parent’s legal rights in any way, thus strengthening the legal and emotional fabric of the family unit.

Stepparent adoption can come into play in any of the following situations:

• A married gay or straight couple in which one of the spouses came into the marriage as a father who was either widowed or had a child via surrogacy or a mother who was either widowed or had a child via sperm donation.
• A married couple in which one of the spouses came into the marriage with an adopted child.
• A married couple in which one of the spouses has a child whom the other parent either gave up custody of or is willing to do so.

Ultimately, a child can only have two legal parents. Stepparent adoptions are one of the most common forms of adoption, and children and parents alike benefit.

Same-sex adoptions refer to gay and lesbian adoptions, and there was a ban against them until as recently as 2015 in the state of Florida. Despite this less than stellar history, Florida now has a fairly solid reputation for making same-sex adoptions doable. In same-sex relationships (prior to adoption taking place), however, the non-biological parent or the parent who was not part of the original adoption has no parental rights.

An adoption is an enriching option for both parents and children, and the second parent, stepparent, and same-sex adoptions that are now available pave the way for many more Floridians to become adoptive parents. The knowledgeable Florida family law attorneys at Costa & Associates have the compassion, commitment, and drive to help you achieve your adoption goals, so please don’t hesitate to contact or call us at 305-827-0100 to schedule a free consultation today.