Did you know that Mississippi and Florida are the only two states that forbid gays from adopting? I do not do adoptions for personal reasons. Nonetheless, the ban impacts the way I approach gestational surrogacies for single men and women.

Having said that, it appears Florida is moving away from its staunch prohibition against gay adoption. Just recently, a South Florida trial court judge ruled the 31-year-old gay adoption ban as unconstitutional and a gay foster Dad was allowed to adopt the learning disabled boy he's raised for the past 7 years.

The judge ruled that the adoption ban singles that group out for punishment.  The judge stated that "[c]ontrary to every child welfare principle the gay adoption ban operates as a conclusive or irrebuttable presumption that it is never in the best interest of any adoptee to be adopted by a homosexual." As Michael Allen, a constitutional professor at Stetson University in St. Petersburg, stated "Cracks begin to develop in legal doctrine even if it has no effect as precedent and it is not repeated someplace else."

For all you gay, prospective adoptive parents waiting in the wings, I am ecstatic for you.  Co-counsel in this case, Elizabeth Schwartz of Miami, is a friend of mine. Give her a call.