Navigation

Florida Same-Sex Marriage Laws

February 5, 2015

Florida Same-Sex Marriage LawsAlthough same-sex marriage is still currently not recognized in the state of Florida, it appears the tides are turning. We predict same-sex marriage will be legalized in Florida very soon.

Here are the current laws regarding the rights of same-sex couples in Florida:

1. Same-Sex Marriage

741.212 Marriages between persons of the same sex.—

(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.
(2) The state, its agencies, and its political subdivisions may not give effect to any public act, record, or judicial proceeding of any state, territory, possession, or tribe of the United States or of any other jurisdiction, either domestic or foreign, or any other place or location respecting either a marriage or relationship not recognized under subsection (1) or a claim arising from such a marriage or relationship.
(3) For purposes of interpreting any state statute or rule, the term “marriage” means only a legal union between one man and one woman as husband and wife, and the term “spouse” applies only to a member of such a union.


The gist of this statute is that same-sex unions are not yet recognized in Florida – even if they are legal in the state where the couple was married. The only legally recognized unions are between a man and a woman.

The current “marriage alternative” for same-sex couples is a domestic partnership or cohabitation agreement.

2. Adoption Rights of Same-Sex Couples

Since 2010, a gay person can legally adopt a child in Florida. To do so, they must either go through the Florida Department of Children and Families (DCF) or a private adoption agency. (DCF is no longer permitted to ask an applicant to divulge their sexual orientation.)

NOTE: If you take the DCF route, you will have to become a certified foster parent, which requires several classes, extensive background checks, interviews, and home visits. A private adoption may be an easier process, but it will be more expensive and you will receive no reimbursement from the state.

However, the gay person may only adopt as any other single person would. Same-sex couples cannot jointly adopt a child in the state of Florida…yet. Once same-sex marriages become legal in Florida, this will follow suit. And at that time, many gay adoptive parents will want their partners to adopt the child as well, which will require a Stepparent Adoption.

3. Second Parent Adoption

Note: Like same-sex marriage, Second Parent Adoption is not yet recognized in Florida.

This is not to be confused with a stepparent adoption. Second parent adoptions may be beneficial for same-sex couples who want to raise a child together, both having full legal parental rights.

Even though you are in a domestic partnership and you are caring for your partner’s adopted child, you still have no legal rights to the child. A second parent adoption takes place when an unmarried person adopts his/her partner’s biological or adopted child. It is not a joint adoption per se, but both partners are now legally recognized parents, able to enjoy the legal and custodial rights of parents.

A lot is still yet to happen here in Florida. Stay tuned for future updates on same-sex marriage issues!

, , , ,