Same-sex couples trying to adopt are more visible and accepted than at any other time in history. Living in such an era, where more freedom and social acceptance is becoming prevalent, is quite fortunate. But we still have a long way to go, which raises the question of can same-sex couples adopt?
Fortunately, yes. According to the Supreme Court ruling dated June 26, 2017, same-sex couples who are lawfully wedded can adopt children. Before 2017, different states in the US had varying opinions on the matter. Some were blatantly against granting full adoption rights to same-sex couples. Other states would allow adoption but with limitations, such as only allowing one partner to adopt their significant other’s biological child. But ever since the Supreme Court ruled in favor of same-sex adoptions, attitudes are shifting for the better and becoming more socially accepted.
How Can Same-Sex Couples Adopt?
Same-sex couples are permitted to adopt a child regardless of the minor’s age or state of residence. The process for same-sex adoption is considerably simple if the couple meets the necessary conditions. The first condition is that the couple needs to be married before they can adopt. The second condition is that the child’s legal parent is the sole parent. That means there shouldn’t be any other legal or biological parent whom the couple needs to seek consent from. If the conditions are met, the process goes straight to the Final Order of Adoption. If the latter condition is not met, adoption is still possible but more challenging. A hearing or appointment from the child’s other legal or biological parent is necessary. This is where a child custody lawyer can help.
The Court Adoption Process
As you can imagine, an adoption process is a highly sensitive and emotional matter. While US laws now support same-sex adoptions, the court seeks to ensure that the child’s interests aren’t compromised. As such, the process may not always be cut and dry. It requires due diligence on the court’s part. The court reserves the right to defer going straight to the Final Order of Adoption if any complications arise. In addition, the court may request an Order of Reference where the Department of Social Services is required to visit the couple. Such an exercise becomes mandatory if the non-legal parent hasn’t been actively involved in the child’s life. It is also necessary if the couple hasn’t been in a committed relationship for a reasonable period.
Factors That Prevent Sex Couples From Adopting
Simply because same-sex adoptions are now legal doesn’t mean that adoption requests are automatically approved. Several factors can prevent an adoption. One of the major factors is a criminal past. A court can’t rule in favor of the adoption if the parent looking to adopt has a criminal record that bars him or her from adopting. This not only applies to same-sex adoptions but to all adoptions. Also, the court will require proof that the legal parent is indeed the child’s sole parent. The legal proof can be in the form of an adoption order, signed release form from the sperm donor surrendering all legal claims to the child, or death certificate of the other parent. Only when couples meet the necessary conditions can the adoption process proceed.
Conclusion
Same-sex couple adoptions are now legal in the US, which is a huge milestone for the LGBTQ+ community. The mindset of the state and people is now shifting positively towards embracing same-sex couple adoptions. But the parties looking to adopt should meet the necessary criteria before starting the process. Some of the requirements include that the couple should be married, only have one sole parent, no criminal past, and must be in a committed relationship for a reasonable period. If you are looking to adopt and meet these requirements, you can feel confident in your adoption process.