The Right to Family: Adoption by Gay People in Florida
Although gays and lesbians are statutorily prohibited from adopting in Florida, a recent Miami-Dade Circuit Court ruling challenges this restriction.


September 28, 2009 /24-7PressRelease/ -- The Right to Family: Adoption by Gay People in Florida

Article provided by Tamara K. Holden PA
Visit us at www.floridadivorcelawyer4u.com

On November 25, 2008, Martin Dell and the two boys he had been raising for the past four years officially became a family. Miami-Dade Circuit Court Judge Cindy Lederman determined that there was no plausible reason Martin, a gay man, should be denied the right of adoption.

For Martin Dell and his two boys, however, it wasn't quite the end of the story.

Florida's Department of Children and Families (DCF), which had argued against Dell's ability to adopt, vowed to appeal the decision. In August of this year, Martin Dell found himself in court again -- this time with additional representation from the American Civil Liberties Union (ACLU).

Florida is currently the only state that expressly prohibits gays from adopting. Other states, like Arkansas, have laws which make adoption extremely unlikely, but Florida is unique for having explicitly denied adoption by homosexuals.

For those who support current state law, the argument is for the children -- rather than against gay people. The concern for children growing up in a "non-traditional" household is not a new one and most opponents allege that children in these situations will be confused, ridiculed by peers and end up with emotional or mental problems as a result.

The DCF also brought up the question of whether or not homosexual households would be safe, referencing evidence that gays and lesbians have higher rates of mental disorder, domestic violence and suicide.

Still, many feel that these laws are outdated declarations of bigotry and should be repealed. Many children in foster care come from abusive homes or neglectful parents and Florida has no objection to homosexuals acting as foster parents. The sticking point seems to center on the matter of adoption rather than the raising of children by homosexual partners or single adults.

Lawyers representing Gill and the two boys pointed to the fact that straight couples are screened for potential issues before final approval for adoption. They argued that, if this method was considered effective for straight couples, there was no reason to assume it to be any less effective for homosexuals. If this is so, lawyers argued, there's no reason to deny adoption on the basis of higher instances of disorder in homosexuals.

One thing that both sides can agree upon is the unlikelihood of the issue being resolved anytime soon. In fact, most expect the current trial to be but a stop on the way to the Florida Supreme Court. For now, though, Martin Dell and the DCF continue to argue their cases before the appeals panel.

Article provided by Tamara K. Holden PA
Visit us at www.floridadivorcelawyer4u.com

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