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Gay and lesbian partners can not adopt each other's child or children in the state of Florida.  Contact legal counsel to discuss this most serious issue in Florida.

Even if you and your partner draft private documents with each other, the biological mother and father (if known / available / responsible) are the only persons who have the legal authority to make decisions for children unless an out of state court or a foreign court has entered a court order giving power to other persons as well, such as with a second partner adoption.

Although second partner adoptions are not available through Florida's court system, lawful court orders from other states or foreign countries will be honored and enforced in Florida.

If you or your partner intend to give birth to a child using a known donor, please make certain you sign and agreement with the sperm donor before doing so.

As clients have told Jonas many times, "death is the easy part, it's the relationship break-up that's the difficult part in Florida".  Designate a custodial guardian for your kid(s):

Should something happen to you (i.e. you die), most partners' preference would be for their own life partner to continue as the primary guardian of the kids.  In Florida, you can be assured that your life partner, unless biologically related to you, will never be your child's custodial guardian after your death unless they have lawfully adopted such child in another state or unless your wishes are properly drafted and executed in a legal document or documents.

Where will your child(ren) be born?:

Have you considered giving birth outside of Florida or even the United States?  This may not be a bad idea if you were planning to apply for a second partner adoption with a court order anyway.  Being born in another country or state may assure your child that both of his or her parents have parental rights of a child which you or your partner bring into this world or adopt.

For an appointment to discuss these and other issues, you may e-mail Jonas at
Jonas@LGBTwills.com but it is strongly encouraged that you follow-up with a telephone call.

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