| 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 is eligible to |
| 4 | adopt a child under certain enumerated circumstances; |
| 5 | requiring that certain eligibility criteria be met by |
| 6 | clear and convincing evidence; providing that a person who |
| 7 | is a homosexual is eligible to adopt a child if the |
| 8 | child's parents are deceased, the person proposing to |
| 9 | adopt the child is the guardian of the child, and certain |
| 10 | additional specified conditions have been met; providing |
| 11 | that certain provisions of the act apply only with respect |
| 12 | to a petition, declaration, or will or codicil that is |
| 13 | filed or executed on or after a certain date; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (3) of section 63.042, Florida |
| 19 | Statutes, 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 |
| 22 | statute may adopt if that person is a homosexual, except as |
| 23 | provided in paragraph (b) or paragraph (c). |
| 24 | (b) A person who is a homosexual is eligible to adopt if a |
| 25 | court finds, by clear and convincing evidence, that: |
| 26 | 1. The child has resided with the person proposing to |
| 27 | adopt the child; |
| 28 | 2. The child recognizes the person proposing to adopt the |
| 29 | child as the child's parent; and |
| 30 | 3. The best interest of the child will be served by |
| 31 | approving the adoption. In determining the best interest of the |
| 32 | child, the court shall consider whether granting the child |
| 33 | permanency in the home of the person proposing to adopt the |
| 34 | child is more beneficial to the child's developmental and |
| 35 | psychological needs than maintaining the child in temporary |
| 36 | placement. |
| 37 | (c) A person who is a homosexual is eligible to adopt if |
| 38 | both parents of the child are deceased and the person proposing |
| 39 | to adopt the child is the guardian of the person of the minor as |
| 40 | a result of: |
| 41 | 1. A petition that has been filed by the parent or parents |
| 42 | under s. 744.304, that names the person proposing to adopt the |
| 43 | child as the guardian of the person of the minor, and that |
| 44 | expresses the intent that the guardian be eligible to adopt the |
| 45 | child; |
| 46 | 2. A declaration that has been made by both parents or the |
| 47 | last surviving parent, that meets the requirements of s. |
| 48 | 744.3046, that names the person proposing to adopt the child as |
| 49 | the guardian of the person of the minor, and that expresses the |
| 50 | intent that the guardian be eligible to adopt the child; or |
| 51 | 3. A designation that is in the last surviving parent's |
| 52 | will, that names the person proposing to adopt the child as the |
| 53 | guardian of the person of the minor, and that expresses the |
| 54 | intent that the guardian be eligible to adopt the child. |
| 55 |
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| 56 | An expression that the person proposing to adopt the child be |
| 57 | eligible to adopt the child as required under this paragraph |
| 58 | must exist in order for this exception to apply. |
| 59 | (d) The exceptions provided in paragraph (c) apply only |
| 60 | to: |
| 61 | 1. A petition that is filed under s. 744.304 by the parent |
| 62 | or parents of the minor on or after July 1, 2007, that names the |
| 63 | person proposing to adopt the child as the guardian of the |
| 64 | person of the minor, and that expresses the intent that the |
| 65 | guardian be eligible to adopt the child; |
| 66 | 2. A declaration that is filed with the clerk of the court |
| 67 | on or after July 1, 2007, by both parents or the last surviving |
| 68 | parent, that meets the requirements of s. 744.3046, that names |
| 69 | the person proposing to adopt the child as the guardian of the |
| 70 | person of the minor, and that expresses the intent that the |
| 71 | guardian be eligible to adopt the child; or |
| 72 | 3. A will or codicil that is executed on or after July 1, |
| 73 | 2007, that names the person proposing to adopt the child as the |
| 74 | guardian of the person of the minor, and that expresses the |
| 75 | intent that the guardian be eligible to adopt the child. |
| 76 | Section 2. This act shall take effect July 1, 2007. |