Florida recognizes second-parent adoption from elsewhere
Filed by: Nancy Polikoff
May 13, 2009 6:00 PM
There's little I hate more in our community than a lesbian mom who creates a two-mother family and later decides to pretend there was only one mother. Well today Florida, of all places, has ruled that she can't -- not when she allowed the other mom to adopt the child in another state.
Even though Florida does not allow even one gay person to adopt, let alone a second-parent adoption, the Florida Court of Appeals ruled unanimously today that Florida must give "full faith and credit" to adoption decrees from other states. The trial judge had refused to recognize the adoption, but the appeals court ruled that there is no public policy exception to the Full Faith and Credit clause of the Constitution when it comes to judgments of other states -- including adoption judgments. Congratulations to National Center for Lesbian Rights on a great win!
cross-posted from Beyond Straight and Gay Marriage
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5 Comments
I suspect this ruling does not bode well for those who oppose gay marriage in Florida.
Seems to me the Florida Supreme Court is giving precedent, as they should, to the full faith and credit clause of the U.S. Constitution, over Florida laws.
Could this mean they would rule to recognize out of state gay marriages. The legal reasoning sounds fairly straightforward.
bjohnm | May 14, 2009 8:38 AM
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Bjohnm's comment above beat me to the point just as I was about to comment along the same line. It's my understanding that adoptions are judicial proceedings whereas marriages are not, and that's what makes the difference. Nancy, can you clarify? What if a same-sex couple validly married in one state got a declaratory judgment as to its validity in that state and then took it to a state not recognizing such a union?
Don Sherfick | May 14, 2009 8:43 AM
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Unfortunately, there is a difference. An adoption decree is obtained in court and is a JUDGMENT. Marriage does not produce a court judgment. Law professor Andy Koppelman has written a book that discusses the subject in depth ("Same Sex, Different-States," listen to him talk about it here: http://wamu.org/programs/dr/06/11/29.php#12406). There is lots of law review literature on both sides of the issue. The thing that is certain is that this ruling does NOT mean Florida will recognize same-sex marriages.
Nancy Polikoff | May 14, 2009 8:51 AM
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At least there's some positive news for once out of Florida!
Bil Browning | May 14, 2009 11:45 AM
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I'm the Guest Blogger who wrote "Family Matters" and, interestingly, all of my adoptions happened in Florida. Needless to say, I continue to be fascinated with Florida's adoption laws. As a gay man, if I had tried adopting a child in Florida instead of adopting my parents, I think I would have had a much tougher time.
Jeff B. | May 15, 2009 8:16 PM
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