St. Thomas Law Review
First Page
269
Document Type
Article
Abstract
This article addresses the question of whether some gay and lesbian adults should be permitted to adopt any children in the State of Florida, especially children with special needs. Part I more clearly describes children with special needs. Part II discusses who may adopt special needs children. Part III briefly covers gay and lesbian adoption statistics. Part IV sets forth general and specific factors that may be used in determining whether a particular gay man or lesbian is suitable for adopting children in Florida. This section also enumerates and discusses reasons that are offered to support bans on same-sex adoption. Part V focuses on how well gays and lesbians have cared for children as licensed foster parents in Florida. Part VI takes a look at how times have changed so that society as a whole is more accepting of gay men and lesbians. Throughout the article, relevant parts of the Lofton v. Secretary of the Department of Children and Family Services'° opinion are discussed. Finally, in Part VII, I conclude that the State of Florida's legislature should repeal section 63.042(c)(3) of the Florida adoption statutes and amend section 63.042(c)(2) to allow same-sex adoption. Because there are so many more children who are available for adoption than there are prospective parents who are willing to adopt them, this unjustifiable barrier to gay and lesbian adoption should be removed. As a result, with diligent case-by-case investigations of all applicants, more children, especially special needs children, will be placed in secure, loving and caring homes.
Recommended Citation
Cynthia R. Mabry,
Opening Another Exit from Child Welfare for Special Needs Children - Why Some Gay Men and Lesbians Should Have the Privilege to Adopt Children in Florida,
18
St. Thomas L. Rev.
269
(2005).
Available at:
https://scholarship.stu.edu/stlr/vol18/iss2/6