Adoptions

Step Parent and Second Parent Adoptions in Florida

Step Parent and Second Parent Adoptions in Florida are most commonly performed when same sex lesbian couples have children together (not with the assistance of a surrogate). This could involve one woman carrying the child and the other biologically related to the child, or the woman who carries the child can also be the parent with the biological connection to the child. Regardless of which woman carries or is genetically related to the child, it is still a recommended best practice for the parents to perform a step parent or second parent adoption after the birth of the child in these cases. 

Florida law provides an expedited procedure for adoptions involving stepparents and relatives waiving many of the formal requirements applicable to non-relative adoptions, most notably being that a separate proceeding for termination of parental rights is not required and the final judgment of adoption terminates parental rights and grants the adoption. A step parent adoption can only be utilized if the parents are legally married. 

The legal process to confirm the parental rights of both parents (not in the surrogacy context) if the parents are not married is through a legal process called a second parent adoption. Without utilizing a second parent adoption, the parent who did not deliver the child in the same-sex relationship potentially has no legal rights to the child. Therefore, it is important to consult with a lawyer familiar with this process to ensure that all parties are adequately protected and both same-sex partners obtain full parental rights to the child. The legal process for a second parent adoption varies based on the jurisdiction to it’s important to consult with an experienced reproductive attorney in this area. 

You can learn more about step parent adoptions on Marla Neufeld’s blog, The Surrogacy Space, by CLICKING HERE.

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