TALLAHASSEE, Fla. – A nearly four-decade-old law that prevents gays from adopting here in Florida will soon disappear after Gov. Rick Scott signed a new law Thursday, but some critics are not happy about the change.
Many are applauding the law, saying more children who need homes will now have one, but some question what this will do to many adoption organizations that are religious-based and don't agree with the law.
As Scott signed the new legislation aimed at increasing adoptions, the part of the bill that is getting the most attention is a provision that allows adoption by gay parents.
Dietrice Carnegia, who was adopted, said she thinks any law that increases the amount of homes that children can be adopted into only benefits kids.
"I'm adopted, my parents were straight. Mom and dad," Carnegia said. "(But) you know what, any family that wants children that's going to give them a loving home, I'm all for it."
In a sense though this change is mostly symbolic, because in 2010 an appeals court ruled Florida's ban on gay couples adopting was ruled unconstitutional.
Even with the new legislation, Dale Westling, an adoption attorney, said there will still be some legal hurdles.
"Then we're going to have the question, who is the actual parent? Adoption creates parentage, so who would get custody? I see a lot of problems down the road about who would get custody," Westling said.
There is one issue that the governor is hoping the legislature will address in coming sessions, which is religious-based adoption agencies that are opposed to this practice.
Conservative critics of the bill said they've seen religious-based agencies in other states shut down when they object.
In response Scott sent an accompanying letter that said:
"It is my hope and expectation that the Legislature will take future action to make clear that we will support private, faith-based operators in the child welfare system and ensure that their religious convictions continue to be protected."
The new law goes into effect on July 1. It will also create incentives for state workers to adopt children and rewards community-based care agencies in Florida for achieving performance goals in adoption and foster care.