New Setback for SoFla Lesbians Looking to Adopt

State agency challenges Miami judge's ruling which allowed couple to adopt

The Hollywood lesbians who thought they'd be allowed to adopt a little boy after a Miami judge allowed it last month have run into another roadblock after a state agency appealed the decision.

Administrators with the Department of Children and Families are appealing Judge Maria Sampedro-Iglesia's decision to allow Vanessa Alenier and Melanie Leon to adopt a 1-year-old relative of Alenier's, according to the Miami Herald.

The judge's decision directly contradicted Florida's 1977 law against gay adoption.

"Until there is a unified appellate court decision on this issue, we are bound by Florida statute to defend and adhere to the law," Joe Follick, a DCF spokesman, told the Herald.

Sampedro-Iglesia called the outdated law "unconstitutional on its face" in her January ruling.

"There is no rational connection between sexual orientation and what is or is not in the best interest of a child," Sampedro-Iglesia wrote in her order. "The child is happy and thriving with [Alenier]."

The ruling by Sampedro-Iglesia follows similar rulings in Key West and North Miami, which also declared the law unconstitutional. The North Miami adoption which involves a gay man is still pending on appeal.

Alenier's lawyer wasn't happy about DCF's interfering in the case.

"Instead of leaving this family alone, DCF wants to break it up and is spending taxpayer dollars trying to do so," said attorney Alan Mishael. 

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