Yes, gay and lesbian persons who are single and married may adopt a child in all 50 states and the District of Columbia. While this right is relatively new in some states, same-sex couples should not be prohibited from adopting based solely on their sexuality.
Adoption is a legal process in which an adult becomes the legal parent of a child that is not their biological child. Adoption can occur at varying ages of the child including adults and it can take place through an agency or between private persons by filing a petition with the Court.
In all cases, the adopting parent or parents must be “fit” to adopt the child. Whether a person is fit to adopt varies from state to state.
This depends on what type of adoption the couple family has obtained. Same-sex marriage is recognized when relocating to a new state, but not all adoption styles. For example, second-parent adoption exists in some but not all states so whether it is recognized outside those legal states may vary.
Yes, even though it is illegal to discriminate against a gay or lesbian person in the adoption process solely on the basis of their sexuality, there are still legal barriers to same-sex couples seeking adoption. While these barriers vary state to state, some common examples are as follows:
Adoption can be a lengthy and challenge process. Because of the various barriers faced by gay and lesbian couples, a family law lawyer may be helpful in navigating the process and preparing for any discriminatory actions you may face in your state.
Last Modified: 02-16-2018 10:44 AM PSTLaw Library Disclaimer
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