May 13, 2009

This case arose when Lara Embry filed a petition seeking shared custody of a child she had raised with her former partner, Kimberly Ryan. The couple had two children together where they had both given birth to one child, and then each adopted her non-biological child through a second-parent adoption statute in the state of Washington where they lived at the time.

The couple later moved to Florida and their relationship ended a few years thereafter. Both parties agreed to share custody of both children and the arrangement proved successful until Ryan unilaterally decided to separate the children who are deeply bonded siblings, and cut off all contact between Embry and one of the children.

The court based its decision based upon both, the Full Faith and Credit Clause of the U.S. Constitution, citing the 1998 U.S. Supreme Court case of Baker v. General Motors Corp., 522 U.S. 222, 223 (1998), and also upon Florida law which specifically provides that “adoption decrees from other states must be recognized in this state.”

Florida law expressly grants parental rights to any person who has obtained the status of parent by virtue of an adoption decree from another state in the United States. The court noted that “Ms. Embry’s same-sex relationship with Ms. Ryan is irrelevant for the purpose of enforcing her rights and obligations as an adoptive parent.” Following the longstanding rule that Florida must honor valid adoptions from other states in order to ensure the stability of parent-child relationships across state lines, the court held that Ms. Embry “must be given the same rights as any other adoptive parent in Florida.”

The Catch…What you need to know is that an adoption by a lesbian or gay couple validly granted in another state must be legally recognized in Florida.

Embry v. Ryan, 2009 WL 1311599 (Fla.App. 2 Dist.)