Same-sex couples trying to adopt a child face a challenging legal process compared to heterosexual couples. While your sexual orientation doesn’t change your desire to raise a family, the legal policies in some states haven’t changed to make that possible. The Supreme Court ruling removed some hurdles, but issues regarding religion and agencies’ rights to decline adoption applications remain. The law gives these institutions the right to turn down potential same-sex parents based on faith or other beliefs. This article will explore the adoption laws and other issues faced by same-sex couples trying to adopt.
Legal And Second Parent Status
Critics of same-sex adoption argue that a child must be raised in a traditional family with a male and female parent. Advocates have, however, have shown that same-sex parents are equally capable of nurturing children. As far as the law goes, when a heterosexual couple has a child, both biological parents become the child’s legal parents. Legal parents’ rights include living with the child and making decisions regarding the child’s education, health, and general wellbeing. These rights remain, even if the parents divorce. But things aren’t so simple for same sex couples. This is where a child custody lawyer can help.
Same-sex couples can also have a child through birth. Lesbian couples can use a sperm donor, hile gay couples use a surrogate mother. In both cases, the biological parent inherently becomes a legal parent. In such cases, only one parent in the same-sex couple is acknowledged as the legal parent. The other parent can, therefore, only become a legal parent via adoption. However, not all states allow such adoption. The matter gets even more complicated if the couple subsequently divorces and both partners don’t have legal parentage. The partner who doesn’t have legal parentage would have difficulty being involved in the child’s life.
Parenting Agreements
Assuming that getting married will automatically provide legal parent status to a second parent can be risky. Attorneys generally recommend that the non-biological parent for same sex couples go through the formal adoption process. Doing so avoids challenges in case of separation or if the couple moves to a state with different policies. Making parenting agreements that set out the couple’s understanding of their rights and responsibilities saves time, money, and potential hardship later. In the agreement, both parties will outline their role in their adopted child’s well-being.
The document covers all aspects of parenting duties and privileges. For example, you and your partner should include who will take financial responsibility for the child. The agreement also covers issues about visitations and interactions with the child if the couple separates. Same-sex custody battles often go unpredictably, so an agreement is good legal insurance.
Summing Up
A much longer article is required to fully explore the ins and outs of same-sex adoption laws for every state in the US. While we provided a solid foundation, a more in-depth understanding of the legal ramifications of same-sex adoption is necessary before you adopt. LGBTQ+ parenting groups are usually available in big cities to offer advice to same sex couples. Consulting with an attorney will also be valuable. Read more about same-sex adoption facts.