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LGBTQ+ Adoptions Helping People Move Forward with Their Life

Florida LGBTQ+ Adoption Attorneys

Helping LGBTQ+ Couples With Adoption in Florida

Starting a family is a deeply meaningful journey, and for many, adoption can be an important path to parenthood. While same-sex couples in Florida now have the legal right to adopt, the process can still present challenges due to evolving laws, complex procedures, and lingering biases in the system.

At The Virga Law Firm, P.A., we are committed to helping LGBTQ+ families navigate Florida’s adoption process. Our award-winning attorneys have extensive experience handling adoptions and understand the unique legal considerations that LGBTQ+ parents face. Whether you are looking to adopt jointly, as a single parent, or as a stepparent to your spouse’s child, we are here to guide you every step of the way.

We proudly serve LGBTQ+ families across Florida, including Orlando, Pensacola, Navarre, Panama City, and Fort Walton Beach. Call (800) 822-5170 or contact us online to schedule a consultation.

LGBTQ+ Adoption in Florida: Understanding Your Rights

For decades, Florida law prohibited LGBTQ+ individuals and couples from adopting. The state’s ban, in place since 1977, was officially struck down in 2010, and the law was repealed in 2015 following the landmark U.S. Supreme Court decision in Obergefell v. Hodges, which granted same-sex couples the right to marry nationwide.

Today, Florida law allows LGBTQ+ individuals and couples to adopt, but certain legal and procedural challenges remain. The adoption process requires careful attention to documentation, parental rights, and possible biases from agencies or other parties involved.

Types of Adoption for LGBTQ+ Parents

LGBTQ+ parents have several options when it comes to adopting a child in Florida.

1. Joint Adoption for Married Couples. Only married couples—regardless of gender or sexual orientation—are eligible to jointly adopt a child in Florida. Married same-sex couples can adopt through:

  • The Florida Department of Children and Families (DCF)
  • A private adoption agency
  • Independent adoption (when a birth parent directly places a child with adoptive parents)

2. Single-Parent Adoption. LGBTQ+ individuals who are unmarried can adopt a child through private agencies or DCF. The process generally involves home studies, interviews, background checks, and adoption classes.

3. Second-Parent or Stepparent Adoption. If one partner in a same-sex couple is the biological or legal parent of a child, their spouse or partner may wish to establish legal parental rights through a stepparent or second-parent adoption. This is particularly important because:

  • A biological parent’s spouse is not automatically granted legal parental rights.
  • Adoption ensures that both parents have equal custody, inheritance rights, and decision-making authority.
  • Without adoption, a non-biological parent’s rights could be challenged in court.

Second-parent adoption can be critical for legal security, especially for lesbian couples who conceive through assisted reproductive technology, as Florida law does not automatically recognize two mothers on a birth certificate.

Potential Challenges for LGBTQ+ Adoptions

Although the law permits LGBTQ+ adoptions, some families still face challenges in the process:

  • Bias and Delays – Some adoptive parents report delays or additional scrutiny from agencies or caseworkers who may have personal biases.
  • Non-Biological Parental Rights – If legal adoption is not completed, a non-biological parent may face legal difficulties in asserting parental rights, particularly in medical or educational decisions.
  • Birth Certificate Issues – Florida does not currently allow two mothers to be listed on a birth certificate without an adoption order.

Because of these challenges, it is essential to work with an attorney who understands the adoption system and can advocate for your rights.

LGBTQ+ Adoption FAQ

Do LGBTQ+ Parents Have the Same Adoption Rights as Heterosexual Parents in Florida?

Yes. Florida law allows same-sex couples and LGBTQ+ individuals to adopt. However, the process can still present challenges, and legal assistance can help ensure a smooth adoption.

Can an Unmarried LGBTQ+ Couple Adopt Together in Florida?

No. Florida only permits married couples to adopt jointly. If an unmarried couple wishes to adopt, one person must adopt as a single parent.

Do LGBTQ+ Parents Need to Complete a Second-Parent Adoption?

Yes, in many cases. If one parent is the biological or legal parent of a child, the other parent must legally adopt the child through a second-parent adoption to gain full parental rights.

Can an LGBTQ+ Parent Adopt a Child From Another State?

Yes, but the adoption must comply with both Florida law and the laws of the child’s home state. Some states may have additional restrictions or procedures.

Speak With a Florida LGBTQ+ Adoption Lawyer Today

Adoption is a life-changing experience, and having a knowledgeable legal advocate by your side can make all the difference. At The Virga Law Firm, P.A., we are committed to protecting the rights of LGBTQ+ parents and ensuring that every family receives fair and equal treatment under the law.

Our team has helped LGBTQ+ individuals and couples successfully navigate Florida’s adoption system, from agency adoptions to second-parent and stepparent adoptions. If you are considering adoption, we are ready to provide the guidance and support you need.

We proudly serve clients throughout Florida from offices in Orlando, Pensacola, Navarre, Panama City, and Fort Walton Beach. Call (800) 822-5170 or contact us online to schedule a consultation.

Our Core Values

  • The Client Comes First and All Else Will Follow
    We take pride in delivering best-in-class client service and experience, understanding the privilege and responsibility we have when assisting clients and their families through legal matters. It is our highest obligation.
  • Authenticity and Transparency
    We believe in being transparent about who we are, with ourselves, each other, and our clients and partners. This authenticity builds trust and fosters strong relationships.
  • Relentless Pursuit of the Win
    We achieve stellar results by focusing on personal and professional performance and goals. Our relentless pursuit ensures we deliver exceptional outcomes for our clients.
  • Growth Mindset
    We continuously learn, grow, and improve as individuals, as a law firm, and as advocates for our clients. We set and exceed both personal and professional goals to ensure ongoing development.
  • Ownership
    We take responsibility for our work and actions, ensuring accountability in all that we do. Our commitment to ownership drives excellence and fosters a culture of trust and reliability.
  • Results Driven
    We focus on outcomes and disregard the level of effort required. We have the vision and the discipline to do the work and face challenges to make our vision a reality for our clients.
  • Respect and Celebration for One Another
    We support each other with kindness and respect, emphasizing a positive work culture and celebrating along the way. We respect our clients and support them through their challenges.
  • Unquestionable Integrity
    We stand up for what’s right with consistently sound ethics and courageous honesty. Our integrity is the foundation of our practice and guides our actions and decisions.
  • We are in it Together
    We are client and team-focused, committed to the firm’s vision, and act for the greater good. We carry our weight, bring others along, and act with civility, candor, and respect in all interactions.
  • Reputation
    Reputation is everything. We strive to have the best personal and professional reputations. We want our reputation to precede us and for opposing counsel to know we are committed to fighting for our clients.
  • Associate Attorney, In Person, Panama City Beach Office

    Job Title: Family Law Associate Attorney Position

    The Virga Law Firm - Panama City Beach, FL

    Are You Ready for More Than Just a Career?

    We're not looking for just any lawyer – we're searching for an attorney committed to compassionate and excellent representation. If you're ready to make the practice of law both meaningful and rewarding, this opportunity could be what you've been waiting for. Join a firm where you're appreciated and part of a team dedicated to excellence.

    Who We Are

    The Virga Law Firm is a dynamic, high-growth family law firm dedicated to providing excellent legal representation and superb client care. Founded by Gerard Virga, who brings over twenty years of legal experience to the practice, our firm has established itself as a leader in family law throughout Florida. Our attorneys hold prestigious positions on various committees for the Family Law Section of the Florida Bar, demonstrating our commitment to shaping and advancing family law practice in our state.

    Our core belief is "Caring is Contagious." We understand that nothing is more important than family – it's the bedrock of our civilization and closest to people's hearts. When clients entrust us with their family law issues, we recognize it as the highest honor and responsibility.

    Each family is unique and requires specialized attention during the most emotionally trying times in their lives. Our mission is to protect our clients and their families, providing them with a strong new start to their lives. We achieve this by helping one family at a time through our multiple office locations throughout Florida.

    Who You Are

    The ideal candidate:

    • Is obsessed with achieving results for clients
    • Has a passion for family law
    • Excels at identifying crucial case details
    • Loves litigation and is comfortable in the courtroom
    • Takes pride in developing litigation strategies
    • Has strong negotiation skills with a compassionate approach
    • Thrives in fast-paced environments
    • Is committed to helping others and leading by example

    Minimum Qualifications

    • An active member in good standing with the Florida Bar
    • Demonstrated experience in family law
    • Proven history of passionate representation and client service
    • Excellent verbal and written communication skills
    • Proficiency in Microsoft Office (Clio knowledge is a plus)
    • Advanced knowledge in litigation and client relations
    • Mastery of Zoom video conferencing for court presentations
    • Ability to work independently and produce superior work product

    Key Responsibilities

    • Provide comprehensive legal advice and analysis to clients
    • Manage complex high-asset divorce cases
    • Handle parental responsibility and timesharing cases
    • Navigate cases involving domestic violence, substance abuse, and mental health issues
    • Represent clients in court proceedings and mediations
    • Draft legal pleadings, motions, and orders
    • Lead team members including Paralegals and professional staff
    • Maintain a fast-paced workload with attention to detail

    Benefits and Perks

    • Competitive compensation package based on experience
    • Dental and vision insurance options with family coverage
    • Progressive Paid Time Off:
      • One week per six months
      • Up to 80 additional hours accruing each pay period
      • Paid holidays and one flex holiday
    • Parental and bereavement leave
    • Paid continuing legal education, bar dues, and certification dues
    • Professional development opportunities
    • Supportive team environment

    Why Choose The Virga Law Firm

    • Unified company culture dedicated to success
    • Highly trained support staff including Paralegals and Discovery Specialists
    • Diverse caseload and full pipeline from day one
    • An environment that encourages innovation and creative problem-solving
    • Commitment to personal and professional growth
    • No-drama, no-judgment work environment
    • Strong focus on team collaboration

    Application Process

    Interested candidates should submit:

    • Current resume
    • Writing sample
    • Two letters of recommendation
    • Cover letter

    How to Apply

    1. Call our career hotline at 850-565-3426
    2. Submit required documents

    Additional Information

    The Virga Law Firm is an equal opportunity employer committed to building a diverse and inclusive workplace—A background check is required for final candidates. 

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  • "He listened carefully."
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    - A Divorce Client
  • "Gerard has been monumental to my case."
    Gerard has been monumental to my case. I recognized I needed an attorney who was committed to a positive outcome for my children and I. Gerard made himself available to answer all of my questions and concerns. I felt very comfortable working with the Virga Law Firm.
    - A Divorce Client
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    - Visi, A Divorce Client
  • "Eager to help and fight for clients."
    I will definitely be recommending to anyone I know that needs a child custody or divorce attorney!
    - A Divorce Client