KEY WEST, Fla., Feb. 16 (UPI) -- A homosexual Florida man says the state is acting maliciously by denying standard benefits for the foster son he adopted.
Wayne Smith, a Key West, Fla., attorney, says that although a court overturned Florida's ban on gay adoptions last year, red tape has barred him from receiving benefits that other parents receive when they adopt a foster child.
"I cannot think of a rational, good-faith reason for the state's position," Smith told The Miami Herald. "I would call it malicious."
The Herald said Monday that the obstacle is a determination that Smith's foster son had been in a legal guardianship situation, which is short of formal adoption but prohibits guardians from receiving the adoption benefits.
Smith sought permanent guardianship status when he was originally denied permission to adopt the boy, who was then 5 and has special needs, and needed a way to prevent the child from being moved to another home.
The Herald said that while Smith suspects the state's refusal to approve benefits stems from the high-profile nature of the adoption, state officials say they have never granted adoption benefits for a child who was under a guardianship.
