Senate Bill sb1012

    Florida Senate - 2007                                  SB 1012

    By Senator Rich





    34-441B-07

  1                      A bill to be entitled

  2         An act relating to adoption; amending s.

  3         63.042, F.S.; providing that a person who is a

  4         homosexual is eligible to adopt a child under

  5         certain enumerated circumstances; requiring

  6         that certain eligibility criteria be met by

  7         clear and convincing evidence; providing that a

  8         person who is a homosexual is eligible to adopt

  9         a child if the child's parents are deceased,

10         the person proposing to adopt the child is the

11         guardian of the child, and certain additional

12         specified conditions have been met; providing

13         that certain provisions of the act apply only

14         with respect to a petition, declaration, or

15         will or codicil that is filed or executed on or

16         after a certain date; providing an effective

17         date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Subsection (3) of section 63.042, Florida

22  Statutes, is amended to read:

23         63.042  Who may be adopted; who may adopt.--

24         (3)(a)  A No person is not eligible to adopt under this

25  statute may adopt if that person is a homosexual except as

26  provided in paragraph (b) or paragraph(c).

27         (b)  A person who is a homosexual is eligible to adopt

28  if a court finds, by clear and convincing evidence, that:

29         1.  The child has resided with the person proposing to

30  adopt the child;

31  

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    Florida Senate - 2007                                  SB 1012
    34-441B-07




 1         2.  The child recognizes the person proposing to adopt

 2  the child as the child's parent; and

 3         3.  The best interest of the child will be served by

 4  approving the adoption. In determining the best interest of

 5  the child, the court shall consider whether granting the child

 6  permanency in the home of the person proposing to adopt the

 7  child is more beneficial to the child's developmental and

 8  psychological needs than maintaining the child in temporary

 9  placement.

10         (c)  A person who is a homosexual is eligible to adopt

11  if both parents of the child are deceased and the person

12  proposing to adopt the child is the guardian of the person of

13  the minor as the result of:

14         1.  A petition that has been filed by the parent or

15  parents under s. 744.304, that names the person proposing to

16  adopt the child as the guardian of the person of the minor,

17  and that expresses the intent that the guardian be eligible to

18  adopt the child;

19         2.  A declaration that has been made by both parents or

20  the last surviving parent, that meets the requirements of s.

21  744.3046, that names the person proposing to adopt the child

22  as the guardian of the person of the minor, and that expresses

23  the intent that the guardian be eligible to adopt the child;

24  or

25         3.  A designation that is in the last surviving

26  parent's will, that names the person proposing to adopt the

27  child as the guardian of the person of the minor, and that

28  expresses the intent that the guardian be eligible to adopt

29  the child.

30  

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    Florida Senate - 2007                                  SB 1012
    34-441B-07




 1  An expression that the person proposing to adopt the child be

 2  eligible to adopt the child as required under this paragraph

 3  must exist in order for this exception to apply.

 4         (d)  The exceptions provided in paragraph (c) apply

 5  only to:

 6         1.  A petition that is filed under s. 744.304 by the

 7  parent or parents of the minor on or after July 1, 2007, that

 8  names the person proposing to adopt the child as the guardian

 9  of the person of the minor, and that expresses the intent that

10  the guardian be eligible to adopt the child;

11         2.  A declaration that is filed with the clerk of the

12  court on or after July 1, 2007, by both parents or the last

13  surviving parent, that meets the requirements of s. 744.3046,

14  that names the person proposing to adopt the child as the

15  guardian of the person of the minor, and that expresses the

16  intent that the guardian be eligible to adopt the child; or

17         3.  A will or codicil that is executed on or after July

18  1, 2007, that names the person proposing to adopt the child as

19  the guardian of the person of the minor, and that expresses

20  the intent that the guardian be eligible to adopt the child.

21         Section 2.  This act shall take effect July 1, 2007.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Provides that a person who is a homosexual is eligible to
      adopt a child if the court makes certain findings by
26    clear and convincing evidence. Authorizes such adoption
      if the child's parents are deceased, the person proposing
27    to adopt the child is the guardian of the child, and a
      petition, declaration, or will or codicil meeting the
28    requirements of the act is filed on or after July 1,
      2007. (See bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.