The blanket ban on gay adoption in Florida may soon be lifted, thanks to a Miami judge who recently determined the ban was unconstitutional.

Overturning the ban is sure to stir up controversy, especially as the gay marriage debate continues across the country. But for many Floridians this could mean they will finally have the chance to expand their families.

The issue was brought to public attention when Martin Gill, a gay man in North Miami whose been living with his partner for nine years, asked the court if he could adopt two foster children he has been caring for for nearly 5 years.  All of the social workers monitoring this case agree that Gill would be approved for adoption if it were not for the ban, since both boys have thrived since they started living with him. 

Miami-Dade Circuit Court Judge Cindy Lederman agreed and approved Gill’s adoption of the two boys, concluding that sexual orientation should not be a factor in determining whether or not someone is fit to be a parent.

An appeal is expected to come any day now, and when it does, the case will move to the Florida Supreme Court.

This case is unique in that it not only questions the constitutional right to adopt a child, but that there is documented evidence that children can thrive in a gay household.  This challenges opponents’ number one argument: that a gay household is not conducive to raising children, nor is it in the best interest of a child’s well being.

Needless to say, we will be monitoring the progress of the case and this issue to see what happens.

If you are interested in learning more about adoption or child custody issues, please do not hesitate to contact Jacksonville family law attorney Scott Ellerin for experienced legal counsel and personalized service.