Florida Senate - 2009                                     SB 460
       
       
       
       By Senator Rich
       
       
       
       
       34-00166A-09                                           2009460__
    1                        A bill to be entitled                      
    2         An act relating to adoption; amending s. 63.042, F.S.;
    3         providing that a person who is a homosexual may adopt
    4         a child under certain circumstances; requiring that
    5         certain eligibility criteria be met by clear and
    6         convincing evidence; providing that a person who is a
    7         homosexual is eligible to adopt a child if the child's
    8         parents are deceased, the person proposing to adopt
    9         the child is the guardian of the child, and certain
   10         additional specified conditions have been met on or
   11         after a certain date; providing an effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. Subsection (3) of section 63.042, Florida
   16  Statutes, is amended to read:
   17         63.042 Who may be adopted; who may adopt.—
   18         (3) Notwithstanding subsection (2), a No person may not
   19  eligible to adopt under this statute may adopt if that person is
   20  a homosexual, except pursuant to paragraph (a) or paragraph (b).
   21         (a) A person who is a homosexual may adopt if a court
   22  finds, by clear and convincing evidence, that:
   23         1. The child has resided with the person proposing to adopt
   24  the child;
   25         2. The child recognizes the person proposing to adopt the
   26  child as the child's parent; and
   27         3. The best interest of the child will be served by
   28  approving the adoption. In determining the child's best
   29  interest, the court shall consider whether granting the child
   30  permanency in the home of the person proposing to adopt the
   31  child is more beneficial to the child's developmental and
   32  psychological needs than maintaining the child in temporary
   33  placement.
   34         (b) A person who is a homosexual may adopt if both parents
   35  of the child are deceased and the person is the guardian of the
   36  person of the minor as a result of:
   37         1. A petition that has been filed by the parent or parents
   38  under s. 744.304 on or after July 1, 2009, which names the
   39  person proposing to adopt the child as the guardian of the
   40  person of the minor and expresses intent that the guardian be
   41  eligible to adopt the child;
   42         2. A declaration made by both parents or the last surviving
   43  parent on or after July 1, 2009, which meets the requirements of
   44  s. 744.3046, names the person proposing to adopt the child as
   45  the guardian of the person of the minor, and expresses intent
   46  that the guardian be eligible to adopt the child; or
   47         3. A designation in the last surviving parent's will or
   48  codicil, executed on or after July 1, 2009, which names the
   49  person proposing to adopt the child as the guardian of the
   50  person of the minor and expresses intent that the guardian be
   51  eligible to adopt the child.
   52         Section 2. This act shall take effect July 1, 2009.