Gay and lesbian couples looking to adopt children in this country face many more challenges than married heterosexual couples. Gay and lesbian adoption is quite complex and, of course, the laws concerning gay and lesbian adoption vary from state to state. Some states do not allow adoption by unmarried couples, which automatically excludes gay and lesbian couples in states that do not recognize gay and lesbian unions. Other states, such as Florida and Mississippi, have even gone so far as to develop laws that prohibit gay individuals and couples from adopting altogether.

Gay and lesbian adoption is nothing new. However, same sex couples have been adopting children more openly only recently. In the past—and most likely even today in states that continue to make gay and lesbian adoption difficult—many couples lied in order to adopt a child. One parent would legally adopt the child while the other pretended to be a roommate or friend.

With adoption laws for gay and lesbian couples generally becoming less stringent, it is important to be open and honest with the court. Lying in this instance is fraudulent and may result in no adoption at all. Also, before you get started meeting with lawyers and agencies, you may need to be even more prepared than heterosexual couples to discuss the future should you successfully adopt a child. For example, how would you and your partner handle the situation if you were to split up?

Types of Adoption
If you and your partner are considering adopting a child, you should be familiar with your options. A public agency adoption is an adoption set up by a public agency with the court and adoptive parent. The outcome of gay and lesbian adoptions through this route is very subjective, and the decision is made based on the attitudes of the state and the agency and what appears to be in the best interest of the child.

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