Adoption by Gay and Lesbian Parents

Yes, gay and lesbian persons can adopt children. The recognition and acceptance of same-sex adoption have increased significantly over the past few decades. It is illegal to discriminate against potential adoptive parents based on their sexual orientation. In general, gay and lesbian couples have the same rights and responsibilities as heterosexual couples when it comes to adopting children.

What Types of Adoption Exist?

There are various types of adoption available for prospective parents.

Domestic Adoption

This refers to adopting a child within one’s own country. The child and adoptive parents reside in the same nation, and the process follows the adoption laws of that particular country.

Example: Sarah and John live in the United States and decide to adopt an infant named Emma, who is also from the U.S. They go through a local adoption agency, complete all the required processes, and welcome Emma into their home.

International Adoption

In international or intercountry adoption, prospective adoptive parents seek to adopt a child from another country. This process involves the adoption laws of the child’s home country and immigration laws.

Example: A couple from France decides to adopt a child from India. They work with agencies in both countries and navigate through both Indian adoption processes and French immigration procedures.

Open Adoption

In an open adoption, there is some level of contact between the birth parents and the adoptive family. The extent and nature of this contact can vary from occasional letters or photos to regular in-person visits.

Example: After adopting baby Lucas, his adoptive parents, Mike and Jane, maintain contact with Lucas’s birth mother. They send her photos yearly and arrange an annual picnic where she can spend time with Lucas.

Closed Adoption

A closed adoption means there’s no contact between the birth parents and the adoptive family after the adoption process is finalized. All records are typically sealed.

Example: Kelly was adopted by the Thompson family as an infant. She grew up without any knowledge or contact with her biological parents, and her adoption records were kept confidential.

Step-Parent Adoption

This occurs when a married couple adopts the biological child of the other partner. This makes the step-parent a legal parent.

Example: After marrying Derek, who has a son named Max from a previous relationship, Lisa decides to adopt Max as her own legally. After completing the process, Lisa becomes Max’s legal parent, alongside Derek.

Adult Adoption

This refers to the adoption of someone who is over the age of 18. The reasons for adult adoption vary but can include formalizing an existing parent-child relationship or inheritance considerations.

Example: Gary and Mark had a mentor-mentee relationship for decades. When Mark turned 25, Gary formally adopted him, recognizing the bond they shared and ensuring Mark had a place in his family and inheritance.

Foster Care Adoption

This refers to adopting a child who is currently in the foster care system. Many children in foster care are there temporarily, but some become eligible for adoption, often because they cannot return to their biological families.

Example: Sophia was in foster care since she was 7 due to neglect from her biological parents. At the age of 10, her foster parents, the Rodriguez family, decided to adopt her after her biological parents’ rights were terminated.

Each type of adoption offers a unique journey and set of considerations for families, but all share the goal of providing a loving and stable home for a child in need.

Can The Family Relocate to Another State After Adoption?

Yes, once the adoption process is finalized, the family has the legal right to relocate to another state. However, it’s essential to be aware of any post-adoption requirements or check-ins with social workers. Moving to another state shouldn’t impact the legality of the adoption, but it’s always a good idea to inform the local and state adoption agencies about the move to maintain transparency.

What Are the Steps for Gay or Lesbian Parents Looking To Adopt?

Let’s dive into each step of the adoption process, especially considering the context of LGBTQ+ couples.

Research and Decide on the Type of Adoption

This is the preliminary step where prospective adoptive parents explore the various types of adoption available: domestic, international, open, closed, etc. It’s essential to consider your family’s needs, preferences, and resources. For LGBTQ+ couples, it’s crucial to be aware of the laws and regulations regarding same-sex adoption both domestically and internationally, as not all countries allow LGBTQ+ adoptions.

Select an Adoption Agency

Choosing the right adoption agency is a pivotal step. It’s vital to select agencies with a history of being LGBTQ+ friendly and supportive. Reading reviews, asking for recommendations, and checking the agency’s stance on LGBTQ+ adoptions can be helpful.

Some agencies specialize in assisting same-sex couples, which can make the process smoother.

Attend Informational Sessions

Many agencies and organizations hold informational sessions or workshops to provide insights into adoption. These sessions can cover topics ranging from the legal aspects of adoption to potential challenges and success stories. Attending these can provide a clearer understanding of what to expect, and it’s an opportunity to ask questions and connect with other prospective adoptive parents.

Home Study

A home study is a comprehensive evaluation conducted by a licensed social worker to assess the suitability of a home for an adopted child. This process usually involves multiple visits, interviews with all household members, and sometimes background checks. The focus is on ensuring the child has a stable, loving, and safe environment. For LGBTQ+ couples, it’s beneficial to have a social worker experienced with same-sex families to ensure a fair and unbiased assessment.

Search for a Child

Depending on the type of adoption chosen, this step can vary. For domestic adoptions, prospective parents might get profiles of children available for adoption, while international adoptions might involve liaising with agencies or orphanages abroad. It’s a time of patience, hope, and, sometimes, emotional challenges. For LGBTQ+ couples, being open about the kind of support and love they can offer a child can be influential in matching them with the right child.

Legalize the Adoption

Once a match is made, the legal process begins. This step ensures that the child becomes a legal member of the family. Depending on the jurisdiction, this can involve court hearings, paperwork, and sometimes post-placement visits to ensure the child’s well-being. Having an attorney experienced in LGBTQ+ adoptions can be invaluable in navigating any unique legal challenges or biases.

For LGBTQ+ couples, each step might come with its own set of challenges due to societal biases or legal restrictions. However, with thorough research, a supportive network, and perseverance, many same-sex couples successfully navigate the adoption journey and build their families.

Are There Any Barriers to Adopting as a Same-Sex Couple?

While it is illegal to discriminate against gay and lesbian couples in many areas, societal and cultural biases can sometimes present challenges. Some countries or regions do not permit same-sex couples to adopt. Some agencies or individuals may have personal biases even in places where it’s legally permissible. Additionally, international adoption can be tricky, as not all countries are open to allowing same-sex couples to adopt.

Do I Need an Attorney to Adopt a Child?

While not always mandatory, having an attorney can significantly assist in navigating the complexities of the adoption process, especially if you encounter challenges or barriers. An experienced adoption lawyer can provide guidance, ensure all legal requirements are met, and advocate for your rights as prospective parents.

If you are considering adoption and want legal advice, consult an adoption lawyer through LegalMatch to ensure a smooth and efficient process.