Adoption laws in Florida are in a state of flux, and the final outcome for LGBT parents is still somewhat hazy. Last month, a District Court declared Florida’s 30-plus year ban on adoption by gays and lesbians unconstitutional. Since then, Gov. Charlie Crist ordered the Department of Children and Families to stop enforcing the ban, and last week Attorney General Bill McCollum let the deadline to appeal lapse. Pending unanticipated twists—and the upcoming election—LGBT parents and parents-to-be are cautiously applauding the expiration of the shameful law first promoted by Anita Bryant, in 1977.
But two women living in a small community outside Sarasota demonstrate the extraordinary challenges still present as they attempt to create a cohesive family that will be recognized by the state.
Jennifer and Kimberly Zach (Jennifer changed her last name legally while the two lived in California) live in an upscale new housing development. They have two children: Amelia, three, and Adler, just six months old. Kimberly sells cars in St. Petersburg and Jennifer is a stay-at-home mom. The family calls itself “the Zach Pack”.
Coming Home
Jennifer and Kimberly met seven years ago. Both are native Floridians, but until recently they lived outside San Diego. When they decided to grow their family, they chose to return to Florida to be near two sets of parents in Pinellas County.
Jennifer had previously given birth to Amelia, and Kimberly legally adopted her in California, where the couple is registered as domestic partners. Both names are on Amelia’s amended birth certificate, and no father is listed. Because it is legal in California, Florida must recognize the adoption.
But Adler was born to Jennifer in Florida using the same sperm donor as for Amelia, a friend in California. But unlike Amelia, Kimberly has not been able to adopt Adler.
“I don’t think we realized all the things we were giving up when we moved from California to Florida,” says Kimberly. “We lost all of our domestic partner benefits, including health insurance for the kids. And the State of Florida won’t even recognize us as a couple, even though we have a child who has both of our names on her birth certificate as her legal parents. That’s ludicrous.”
The Zachs say it boils down to fairness.
“We just want to make sure our son has the same legal rights—the same recognition from the state—that his sister has,” Kimberly says. “We’re trying to put together a cohesive family, and the state of Florida has put up roadblocks and hurdles every step of the way. Are those the ‘family values’ conservatives are so fond of pushing?”
Alternative options
The couple has looked into various options, including moving out of state long enough for Kimberly to adopt in a state where it is legal. But that would involve uprooting their family, selling their new home, moving away from grandparents and finding new employment.
And recent developments in Florida have made the Zach’s position even more confusing. Florida’s adoption ban is still on the books. But after the 3rd District Court of Appeal ruled in September that there was “no rational basis” for the adoption ban, and DCF and the state attorney general decided to forego appeal, the ban is essentially an unconstitutional nullity.
That’s good news for the “Zach Pack.” The two women have sought legal advice, and an attorney in South Florida recently told them that Kimberly should eventually be able to adopt. The cases will be unique; not a step-parent adoption, but similar in that adoption will be by a closely-bonded adult and into an already-existing family unit.
“We’re guardedly optimistic,” says Jennifer. “We’ve been following the recent developments very closely and they all look like they are going in a direction that would really benefit us. We just don’t want to get our hopes only to have them dashed later on.”
Uncertain politics
That could be a very real possibility, and it may depend on the outcome of the upcoming general election.
Conceivably, Kimberly’s parental rights could be established and then placed into further limbo by a conservative governor, attorney general or legislature intent on trumping the appellate court decision. Again, the law is still a part of Florida Statutes and will remain so until the legislature repeals it. It has been declared unconstitutional, but not by the state’s highest court.
“We’re trying to decide if we want to go through the huge expense of seeing this through if there are problems,” Kimberly says. “We’re also considering the media exposure and other trials our family will face, especially if there is a possibility we could actually win—and then lose. It’s very, very frustrating.”
The women want to secure parental rights for Kimberly, but they also don’t want to upset the formative years of their children.
“The interest of our children has to be paramount,” Kimberly says. “Our kids aren’t school-age yet, and if it gets complicated it could take years to resolve. They would be in school by the time it would be decided. We certainly don’t want our kids to be ostracized or singled out for ridicule over this issue.”
Costs for adoption would likely be between $3,000-5,000. The women say they would pay this expense, and any expense necessary to put the matter to rest, as long as it couldn’t be reversed later on. If challenged, however, they would need financial and legal support from organizations and individuals across the state.
The women don’t consider themselves to be outspoken gay activists, but they are sensitive to the way their actions might affect the general LGBT community in Florida.
They don’t want to create a legal situation that could somehow be used by opponents of LGBT equality.
“We certainly don’t want to do anything that would make it any more difficult for a gay person to adopt here in Florida than it already is,” says Jennifer. “While our decisions are very personal ones, we are not unaware that what we do could have real implications for our entire community. We feel a real responsibility there too.”
