HB 789

1
A bill to be entitled
2An act relating to adoption; amending s. 63.042, F.S.;
3providing that a person who is a homosexual is eligible to
4adopt a child under certain enumerated circumstances;
5requiring that certain eligibility criteria be met by
6clear and convincing evidence; providing that a person who
7is a homosexual is eligible to adopt a child if the
8child's parents are deceased, the person proposing to
9adopt the child is the guardian of the child, and certain
10additional specified conditions have been met; providing
11that certain provisions of the act apply only with respect
12to a petition, declaration, or will or codicil that is
13filed or executed on or after a certain date; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (3) of section 63.042, Florida
19Statutes, is amended to read:
20     63.042  Who may be adopted; who may adopt.--
21     (3)(a)  A No person is not eligible to adopt under this
22statute may adopt if that person is a homosexual, except as
23provided in paragraph (b) or paragraph (c).
24     (b)  A person who is a homosexual is eligible to adopt if a
25court finds, by clear and convincing evidence, that:
26     1.  The child has resided with the person proposing to
27adopt the child;
28     2.  The child recognizes the person proposing to adopt the
29child as the child's parent; and
30     3.  The best interest of the child will be served by
31approving the adoption. In determining the best interest of the
32child, the court shall consider whether granting the child
33permanency in the home of the person proposing to adopt the
34child is more beneficial to the child's developmental and
35psychological needs than maintaining the child in temporary
36placement.
37     (c)  A person who is a homosexual is eligible to adopt if
38both parents of the child are deceased and the person proposing
39to adopt the child is the guardian of the person of the minor as
40a result of:
41     1.  A petition that has been filed by the parent or parents
42under s. 744.304, that names the person proposing to adopt the
43child as the guardian of the person of the minor, and that
44expresses the intent that the guardian be eligible to adopt the
45child;
46     2.  A declaration that has been made by both parents or the
47last surviving parent, that meets the requirements of s.
48744.3046, that names the person proposing to adopt the child as
49the guardian of the person of the minor, and that expresses the
50intent that the guardian be eligible to adopt the child; or
51     3.  A designation that is in the last surviving parent's
52will, that names the person proposing to adopt the child as the
53guardian of the person of the minor, and that expresses the
54intent that the guardian be eligible to adopt the child.
55
56An expression that the person proposing to adopt the child be
57eligible to adopt the child as required under this paragraph
58must exist in order for this exception to apply.
59     (d)  The exceptions provided in paragraph (c) apply only
60to:
61     1.  A petition that is filed under s. 744.304 by the parent
62or parents of the minor on or after July 1, 2007, that names the
63person proposing to adopt the child as the guardian of the
64person of the minor, and that expresses the intent that the
65guardian be eligible to adopt the child;
66     2.  A declaration that is filed with the clerk of the court
67on or after July 1, 2007, by both parents or the last surviving
68parent, that meets the requirements of s. 744.3046, that names
69the person proposing to adopt the child as the guardian of the
70person of the minor, and that expresses the intent that the
71guardian be eligible to adopt the child; or
72     3.  A will or codicil that is executed on or after July 1,
732007, that names the person proposing to adopt the child as the
74guardian of the person of the minor, and that expresses the
75intent that the guardian be eligible to adopt the child.
76     Section 2.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.