Fifth District Reinstates Judgment of Adoption by Same Sex Parent

In the Matter of the Adoption of D.P.P., 158 So. 3d 633 (Fla. 5th DCA 2014), the Fifth District Court of Appeal reversed an order vacating a second parent adoption.  The trial court terminated the parent-child relationship between a mom (G.P.), and the parties’ child.  Voiding the adoption, the trial court reasoned, because two unmarried women filed an uncontested petition for adoption, the petition didn’t invoke the circuit court’s subject matter jurisdiction.  The Fifth District disagreed.  The circuit court had subject matter jurisdiction and the other mom (C.P.), couldn’t now challenge the adoption she helped procure.

Reversing, the appellate court stated that “it would be unconscionable to allow C.P. to invoke the jurisdiction of the court for the sole purpose of creating a parent-child relationship between G.P. and D.P.P. and then to allow her to destroy that same relationship because her relationship with G.P. has ended.”  The court reinstated the final judgment of adoption and G.P.’s parental relationship with the child.

Follow & Like:
Skip to content