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Intermediate Appeals Court in Florida Recognizes Washington State Adoption by Gay Couple and Parental Rights Flowing from It

By Janet Langjahr

Florida does not allow adoptions by a homosexual couple.

Washington state does.

A lesbian couple living in Washington state each give birth to a child.

And each partner adopts the other’s biological child as permitted under Washington law.

Lesbian couple relocates to Florida.

And eventually breaks up.

At first, they agree to share legal and physical custody of both children, so that the children can spend most of their time together.

The next year, however, one of the couple “goes straight” and becomes engaged to marry a man.

Who wants to adopt his fiance’s biological child.

At that point, when the child is about 9 years old, her mother denies any timesharing to her former partner.

The frustrated partner brings suit to determine parental responsibility and timesharing.

At trial, the court denies the frustrated partner any parental responsibility or timesharing with the denying partner’s biological child.

On appeal to an intermediate level appellate court, that ruling is reversed.

The Florida appellate court holds that Florida has to give full faith and credit to the Washington state adoption and the rights and obligations flowing from it.

Without regard to Florida’s law and policy against gay adoption.

The birth mother intends to appeal to the Florida Supreme Court.

Read more in this Courthouse News Service article: Fla. Must Recognize Gay Adoptions, Court Rules and this Sarasota Herald Tribune article: Adoption by Sarasota lesbian is upheld on appeal.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on May 26, 2009 (boomark / email).