Gay Adoption
Posted: Sun Dec 07, 2008 8:56 pm
http://www.miamiherald.com/news/miami-d ... 01295.html
Case of gay foster dad likely landing in high court
BY CAROL MARBIN MILLER
[email protected]
Lawyers for a gay North Miami man seeking to adopt two foster children he's raised since 2004 have asked a Miami appeals court to send the controversial case directly to the Florida Supreme Court, which is expected ultimately to decide the boys' fate.
On Nov. 25, Miami-Dade Circuit Judge Cindy Lederman declared Florida's 31-year-old law banning adoption by gay people unconstitutional, potentially paving the way for Frank Gill to adopt his foster children, 4 and 8. Child welfare administrators immediately filed a notice of appeal.
If the Third District Court of Appeal in Miami-Dade agrees to the request by the ACLU, which represents Gill, the case will go directly to the state's highest court.
A spokeswoman for attorney General Bill McCollum, who argued in defense of the state adoption law, said the attorney general will not agree to bypass the Miami appeals court. That means it will be up to the appeals court to decide whether to relinquish the case.
''Until the state's appeal is finally resolved, these kids have to live with the adoption hanging under a cloud,'' said Robert Rosenwald Jr., one of Gill's lawyers.
''Everyone in this case agrees that prolonging a child's stay in foster care is not in his best interest,'' Rosenwald said. ``The trial court found that these children are thriving in this home, and that there is no reason -- scientific or other -- that they should be denied the permanency and protections of adoption.''
Case of gay foster dad likely landing in high court
BY CAROL MARBIN MILLER
[email protected]
Lawyers for a gay North Miami man seeking to adopt two foster children he's raised since 2004 have asked a Miami appeals court to send the controversial case directly to the Florida Supreme Court, which is expected ultimately to decide the boys' fate.
On Nov. 25, Miami-Dade Circuit Judge Cindy Lederman declared Florida's 31-year-old law banning adoption by gay people unconstitutional, potentially paving the way for Frank Gill to adopt his foster children, 4 and 8. Child welfare administrators immediately filed a notice of appeal.
If the Third District Court of Appeal in Miami-Dade agrees to the request by the ACLU, which represents Gill, the case will go directly to the state's highest court.
A spokeswoman for attorney General Bill McCollum, who argued in defense of the state adoption law, said the attorney general will not agree to bypass the Miami appeals court. That means it will be up to the appeals court to decide whether to relinquish the case.
''Until the state's appeal is finally resolved, these kids have to live with the adoption hanging under a cloud,'' said Robert Rosenwald Jr., one of Gill's lawyers.
''Everyone in this case agrees that prolonging a child's stay in foster care is not in his best interest,'' Rosenwald said. ``The trial court found that these children are thriving in this home, and that there is no reason -- scientific or other -- that they should be denied the permanency and protections of adoption.''