If you are seeking a same-sex divorce in Florida, contact Summer Nichols Law Firm to discuss your case and learn how we can help!


Florida has made strides in recent years to help same-sex couples grow their families. If you are looking to adopt, Summer Nichols can guide you through the legal processes of adopting as a same-sex couple.

First, let’s look at the history of gay adoption in Florida.

Is Same-Sex Adoption Legal in Florida?

As the result of a long and continuing battle for equal rights, same-sex adoption in Florida is more possible now than ever before. Prior to 2010, same-sex adoption was explicitly illegal in Florida, but the Florida Court of Appeals declared the ban unconstitutional.

Still, Florida statutes indirectly barred same-sex couples from adopting jointly. The law stated that any individual could adopt alone and that any married couple could adopt jointly. Because same-sex couples could not legally marry, they also could not adopt as a couple.

In these cases, one parent could pursue adoption and be the legal parent of the child, and the second parent would raise the child without having legal custody. These kinds of situations were not ideal, as the second parent would have no rights to the child in the eyes of the law. During this time, many couples were still able to successfully grow their families through second-parent or step-parent adoptions.

Fortunately, as same-sex couples have won the right to marry, the right to adopt has quickly followed suit. Today, the laws surrounding same-sex adoption are in a constant state of change, heading in a direction of progress. Not only has the constitutional ban on same-sex adoption been lifted, but more and more agencies are opening their doors to help hopeful parents like you grow their families.

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