Florida Gay Adoption Law Ruled Unconstitutional in Key West – What Does This Mean In Other Parts of Florida?


A Florida Circuit Court Judge has ruled that a 31 year old ban on gay adoptions is unconstitutional. The Judge allowed the adoption of a openly gay foster parent of a teenage boy that she had raised since 2001. The case was reported in the Miami Herald. The Judge noted that he made his decision on the best interest of the child rather than the law that was passed back in 1977.

The role of the attorney is to interpret laws and pursue cases on behalf of clients. While there is a ban on gay adoptions in the State of Florida, it appears that some Judges are willing to violate statutes in order to challenge the laws to determine if the Florida Supreme Court or the United States Supreme Court will ultimately rule on the issue to confirm the laws in place or in the alternative make new laws.

Section 63.042, Florida Statutes – Who May Be Adopted, Who May Adopt provides that no person is eligible to adopt if that person is a homosexual.

Adoptions of any nature require legal pleadings, documents and proper notice. The Adoption of a child is such an important decision in life that should not typically be handled with the services of a Family Law Attorney to make sure procedures were followed. The Adoption of a child is a wonderful thing that should uphold any challenge down the line.

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