Confirmatory Adoptions for Married LGBTQ+ Couples

In 2015, the Supreme Court of the United States decided the seminal case Obergefell v. Hodges, 576 U.S. 644 (2015), which enshrined the right to marriage equality across the country. That same year, the Florida legislature officially repealed the 1977 bigoted same-sex adoption ban from the state’s statutes, with the governor signing the repeal into law. By virtue of the “marital presumption,” a child born into a legal marriage (regardless of whether the parents are of the same or different genders) should be issued a birth certificate bearing the names of both spouses as the child’s parents.

Despite the legal protections regarding marriage and adoption equality that have recently been afforded to LGBTQ+ families, it is nevertheless recommended that LGBTQ+ parents not rely solely on a birth certificate, which is an administrative document, to secure their parental rights to their children. One reason is because in some jurisdictions, the “marital presumption” can be rebutted. By contrast, all United States jurisdictions are required, under the Constitution, to give “full faith and credit” to judgments of sister courts; and jurisdictions outside the United States typically recognize foreign judgments under the principle of comity. As such, LGBTQ+ parents are encouraged to obtain a Confirmatory Adoption, which safeguards their parental rights in a court order. Timely completing an adoption upon the birth of a child benefits both the parents and the child by ensuring familial stability in any jurisdiction, especially in the event of a divorce or death.

Name and Gender Marker Changes

Glass Law Office supports children and adults whose name or gender marker no longer reflects their identity or well-being.

A Name Change for adults and minors, governed by Section 68.07 of the Florida Statutes, requires fingerprinting and background checks. If you have prior issues such as bankruptcy, a criminal history, or a judgment against you, you will need to provide more information to the court so the judge understands you are not trying to avoid legal consequences.

Courts have the authority to order a Gender Marker Change for both adults and minors (male to female or female to male). In order to be eligible for a change in gender marker, you do not need to have undergone sex reassignment surgery. However, you will need to provide a letter from your physician who will attest that you are receiving appropriate clinical treatment related to a gender transition. Fingerprints and background checks are also required.

If a name and/or gender marker change is sought for a minor, the child’s parents or legal caregivers are the petitioners and the ones in charge of doing the fingerprints and background checks. The child’s parents or caregivers may petition jointly. Or, if both parents or caregivers are not in agreement, one parent or caregiver may petition on behalf of the minor; the other parent or caregiver will have to be served with the petition and will be given an opportunity to contest the name and/or gender marker change.