Family formation
LGBTQ+ Family Building in Florida
Karen Persis represents LGBTQ+ individuals and couples throughout Florida in adoption, surrogacy, and gamete donation matters.
Legal recognition of LGBTQ+ families in Florida
Same-sex married couples in Florida have the same legal rights as opposite-sex married couples for adoption, parentage, and family formation. This includes access to assisted reproductive technology arrangements including gestational surrogacy and embryo, egg, and sperm donation agreements.
While Florida law provides equal treatment on paper, the practical realities of family formation for LGBTQ+ couples involve additional legal considerations — particularly around securing parental rights that will be recognized in every jurisdiction the family may travel to or reside in.
Adoption
Adoption is one of the most important legal steps an LGBTQ+ family can take, particularly for a lesbian couple where a sperm donor was used to conceive. It creates a legal parent-child relationship between the non-biological parent and the child without terminating the gestating parent’s rights. The marital status of the parents and the genetic relation of the child will help determine which type of adoption is best for the family: stepparent, relative, or second-parent adoption.
Even when both parents are married and listed on the birth certificate at birth, a stepparent adoption is the most reliable way to secure parental rights that will be recognized across state lines and internationally. Birth certificates are administrative documents; adoption judgments entitled to Full Faith and Credit under the U.S. Constitution.
Assisted Reproductive Technology and Family Building
For LGBTQ+ couples building families through assisted reproductive technology, Karen handles the full spectrum of legal work:
- Gestational Surrogacy Agreements under Florida Statute 742.15
- Preplanned Adoption Surrogacy Agreements under Florida Statute 63.123
- Egg, Sperm, and Embryo Donation Agreements
- Adoption
- Parentage judgments in Gestational Surrogacy cases
Each family’s path is different. Karen will help you identify the combination of legal steps that best fits your family formation goals, the technology being used, and the long-term protections you want in place.
Why adoption matters for travel and relocation
Not every state — and not every country — treats parentage the same way. A same-sex family that is fully recognized in Florida may face challenges asserting parental rights in a state or country with different laws.
An adoption order is generally the most portable form of legal parentage. It is entitled to full faith and credit in every U.S. state under the U.S. Constitution, and is recognized by the majority of foreign jurisdictions. This is why Karen recommends adoption even for couples who are already married and both listed on the birth certificate.
Building your family? Start with a consultation.