FLORIDA DEPARMENT OF CHILDREN AND FAMILIES V. ADOPTION OF X.X.G. AND N.R.G. 45 So.3d 79 (2010) CASE BRIEF

FLORIDA DEPARMENT OF CHILDREN AND FAMILIES V. ADOPTION OF X.X.G. AND N.R.G.

45 So.3d 79 (2010)

NATURE OF THE CASE: This was an appeal of a final judgment of adoption, under which F.G. (P) became the adoptive father of two boys, X.X.G. and N.R.G.

FACTS: X.X.G., then four years old, and N.R.G., then four months old, were removed from their home based on allegations of abandonment and neglect. The Department contacted F.G. (P), a licensed foster caregiver, and asked him to accept the children on a temporary basis until a more permanent placement could be found. The children were in very poor condition. X.X.G. arrived wearing a dirty adult-sized t-shirt and sneakers four sizes too small. Both children were suffering from ringworm and the four-month-old suffered from an untreated ear infection. X.X.G., the four-year-old, did not speak and his main concern was changing, feeding and caring for his baby brother. D filed a petition for termination of the natural parents' parental rights. In 2006, that petition was granted and the natural parents' parental rights were terminated. X.X.G. and N.R.G. became available for adoption. P applied to adopt the children. P passed all requirements with flying colors except he was homosexual. The Family Center recommended against the application because P is a homosexual and is prohibited from adopting children under subsection 63.042(3), Florida Statutes. P filed a petition in the circuit court to adopt the children. F.G. asked the court to find subsection 63.042(3) unconstitutional because it violates his rights to equal protection, privacy, and due process. The trial court declared subsection 63.042(3) unconstitutional and granting the petition for adoption. The trial court found, among other things, that the statute violates the equal protection rights of P and the children that are guaranteed by Article I, Section 2 of the Florida Constitution. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner