Florida Same-Sex Partners Debate Adoption vs. Legal Documents

Many Orange Park Same-Sex Couples are raising children, yet only one partner is the legal parent. Will the preparation of estate planning documents suffice to protect your “non-legal” children. A few issues to consider are the following:

Inheritance rights. If a legal parent dies without a Will, the Florida Intestacy Statute will provide for that person’s children. Not so with a non-legal parent. If the non-legal parent dies without a Will, or dies with an invalid Will, then the children will not inherit from that parent. Likewise, the children will not inherit from the non-legal parent’s family.

Further, although the non-legal parent may provide for their children in their Last Will and Testament, a Will can, and often is contested by family members, especially when they are not 100% on board with the same-sex relationship.

Another issues to be aware of is the termination of a relationship. If and when a same-sex couple breaks up, the children may be affected if they are denied a continuing relationship with the non-legal parent. Additionally, the child[ren] may be denied financial support from the departing parent.

The need for Florida adoption rights is becoming more significant given the rise in litigation between former partners over custody, visitation and support rights.

If you would like some direction and additional information as to the options you should be thinking about, contact an Orange Park Adoption Attorney who has experience with 2nd parent adoptions and estate planning for same-sex couples.

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