Can I Adopt a Child as a Gay or Lesbian Person?
Being able to adopt is not a "right" like the right to freespeech or to privacy, so not everyone is entitled to adopt. The ability to adopt a child as a gay or lesbianparent varies from state to state. Gays and lesbians have several options opento them when considering adoption. These include: - Single parent adoption
- Second-parent adoption
Are there Anti-gay Laws Regarding Adoption?
The laws vary from state to state. The whole of New England allows gay people to adopt as individuals (single parentadoption), and many states allow adoption by gay couples. Other states,however, are more restrictive. Florida, Utah and Mississippienforce actual bans on adoption by gay people. What is a Single Parent Adoption?
A single parent adoption is where an individual adopts a child, as opposed to acouple adopting a child. A single parent adoption is perfectly fine even ifthere are other adults living with the adoptive parent. Therefore it is verycommon for gay and lesbian people to adopt children as individuals. Thedownside to this is that the other member of the couple has no legal rightsover the adopted child. This lack of rights can have an impact on employeebenefits such as health insurance. It could also cause custody problems if thecouple splits up. What is a Second Parent Adoption?
A second parent adoption is where an unmarried couple (heterosexual orhomosexual) jointly adopts a child who is already the child of one of them, orwho has been placed with the couple jointly by the state or by an agency. Afterthe adoption, the child has two legal parents with equal rights. Do I Need an Attorney to Adopt?
Because of the complexity of the adoption process, especially for gays and lesbians, itwould be wise to consult with a lawyer. Speaking with the proper attorney willhelp you understand your rights and options as well as preserve any possibleremedies you may have. |
