Will Florida Recognize Out-of-State Second-Parent Adoptions?
Q: Dear Karen,
My partner and I live in Illinois. Together, we have one daughter and one son. I am the birth mother and my partner has completed a second-parent adoption for them both. We are considering relocating to Florida, but we are concerned about their infamous gay adoption ban. Will Florida recognize our second-parent adoptions that were granted in Illinois?
Thank you,
Heidi
A: Dear Heidi,
Because a second-parent adoption is a final judgment, the Full Faith and Credit clause of the U.S. Constitution requires that all other states respect that judgment, regardless of the states’ own laws or public policies. In other words, even though you could not have obtained a second-parent adoption in Florida, Florida must honor your adoption from Illinois.
In addition, Florida has a law that specifically says that it will treat adoptions granted in other states as if they were granted in Florida.
Once you are living in Florida, if you run into any problems with a state agency or private entities respecting your parental rights, you should immediately contact the National Center for Lesbian Rights or another legal organization with expertise in gay, lesbian, bisexual and transgender issues. Based on my experience, however, most couples in your situation who move to Florida do not encounter any problems along those lines.
Karen M. Doering
Doering is staff attorney at the National Center for Lesbian Rights.
April 4, 2005