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.
An independent adoption is usually facilitated by someone other than an agency or social worker. However, this type of adoption is illegal in many states.
Another option that is common for heterosexual couples is the international adoption, but gay or lesbian couples may not be able to adopt children from specific nations. The decision to allow a gay and lesbian couple to adopt a child from a foreign country is based on the belief system of that country. If a country's culture does not accept same-sex couples, then it is unlikely that they will allow gay and lesbian adoptions.
The Adoption Process
There are many legal paths to adoption, some of which are applicable to the gay and lesbian adopting couple:
Single (individual) adoption: The traditional type of adoption in which an unmarried person seeks to adopt.
Joint adoption: An unmarried couple petitions the court to adopt a child.
Second-parent adoption: One parent who already has legal rights of the child and a second parent petitions for joint rights. In a second-parent adoption, the initial parent does not give up parental rights. Gay and lesbian couples adopting in states that do not allow joint same-sex adoption will often choose this option.
Step-parent (domestic partner) adoption: The step-parent or domestic partner files for adoption when the child is already living with the same-sex parents.
Guardianship: What couples apply for when adoption is not legal. Guardianship is a way for parents to protect their families, but it does not provide the same legal rights as adoption.
In gay and lesbian adoption, it is most common to see one parent legally adopt the child and for the other parent to apply as second parent or co-parent. The second parent is then a legally recognized parent. Second-parent adoptions have been granted in 21 states and in Washington DC.
Because gay and lesbian adoption is so complex and the laws vary from state to state, it is critical that the same-sex couple looking to adopt a child be represented by a lawyer. The lawyer will help the couple handle difficulties throughout the process. For example, adopting a child over state lines can create some serious legal battles and complications.
To find a good lawyer, contact friends who have cases similar to yours, or find a referral from groups such as the National Center for Lesbian Rights, the ACLU and the Lambda League. Once you have a list of possible attorneys, contact them, and ask them about their experience with gay and lesbian adoption. Lawyers typically provide free initial consultations. Be certain to give yourself plenty of time to research and find a good attorney or law firm to work with you through the legal proceedings of your gay and lesbian adoption. To get up-to-date information on gay and lesbian adoption laws state by state go to thetaskforce.org.
 | Gay and lesbian adoption rights are impacted by the state in which the adoption is desired, and by a long history of homophobic beliefs. |
Adoption is a complicated, strenuous, and in many cases heartbreaking process. People who are unable to have children look to adoption as their last hope, not knowing how long and stressful the process can be. |
Deciding to adopt a child is not an easy or quick decision for anyone to make. The first place that you will want to begin is by talking to someone at one of the local adoption agencies or government social workers. |
Adoption by gay and lesbian parents remains a controversial topic and is not even legally allowed in all states in the United States. Despite the political controversy, many agencies and child welfare organizations are becoming increasingly vocal in support of gay and lesbian adoptive parents and their families. |
Adopting a child is an exciting and challenging process for any family. Gay and lesbian adoption presents its own unique challenges, whether from geographic, legal, even societal standards. |
