Second-Parent Adoption for LGBTQ+ Couples

On average, 115,000 adoptions take place in the United States every year. Some are private adoptions, while others involve the foster care system. At any given time, more than 114,000 children in foster care are eligible for adoption.

In recent years, the number of LGBTQ+ couples looking to adopt a child has continued to rise. Unfortunately, the adoption process can be intimidating for any prospective parent, especially members of the LGBT community.

One of the more common ways for LGBTQ+ people to adopt a child is by completing a second-parent adoption.

Here, we will explain what a second-parent adoption is and the process for pursuing it. We will also identify the challenges same-sex couples face when attempting to adopt a child. Finally, we will briefly discuss other options available to people who cannot have their own biological child and wish to adopt.

Adoption Options for LGBTQ Couples

Generally, LGBTQ+ couples have the same options as other couples when it comes to adoption. For example, they may want to pursue a private adoption with a birth parent. Or they may choose to pursue an agency adoption.

Some of the options available to a couple in a queer or same-sex marriage include:

• Private adoption
• Agency adoption
• Foster care adoption
• International adoption
• Surrogacy
• Sperm donor

Another option is for one party of the married couple or partnership to have a child and the non-biological parent to adopt. This is what we call a “second-parent adoption."

What is a Second-Parent Adoption?

A second-parent adoption (also called co-parent or "confirmatory" adoption) occurs when a non-biological parent wishes to adopt their spouse or partner’s child and become their legal parent.

It is similar to a stepparent adoption, where a party with children remarries, and their new spouse adopts the children from the first marriage. The adoptive parent shares the same legal rights as the biological parent, such as the right to make medical decisions on behalf of the child.

One of the major benefits of this type of adoption is that the other biological parent does not have to surrender or terminate their parental rights. They can continue to enjoy a parent-child relationship.

For example, let's say two women wish to have a child together. They decide one partner will take on the pregnancy through a sperm donor or other assisted reproduction.

In this case, the birth mother is automatically assumed to be the child's legal parent, while the other parent will legally adopt the child through second-parent adoption. Without adoption or a parentage judgment, only the birth parent will have legal parental rights.

For the non-birth parent, even being listed on the birth certificate is generally not enough to establish parental rights. This makes it difficult for the second parent to make medical, educational, and inheritance decisions on behalf of their child.

Second-parent adoption avoids any ambiguity about your legal parental rights.

What is the Second-Parent Adoption Process?

The process to complete a second-parent adoption is relatively straightforward. Members of the LGBTQ community have the same adoption rights as other prospective adoptive parents. Therefore, the same adoption laws apply.

Of course, that doesn’t mean you shouldn’t consult an attorney to help you through the process. But you will likely not need the services of an adoption agency since your spouse or partner is already the child’s legal parent.

Keep in mind that you cannot begin the legal adoption process until after the child's birth. But you can absolutely hire a family law attorney ahead of time to help you with preparations. They can help you gather the necessary documentation, including your financial and medical records, home study reports, and child abuse/criminal background checks.

Once the child is born, you will:

• Have a doctor examine the baby (the adoptive parent must also undergo a physical examination)
• Schedule and complete your home study (discussed below)
• Prepare the adoptive child’s new birth certificate
• Petition the court and request a final hearing
• Attend the hearing, where the judge will review your case and, once the adoption is approved, issue the finalization order

Keep in mind that every case is unique. You may encounter additional steps or obstacles in your adoption. 

Home Studies in Second-Parent Adoptions

Every adoptive parent must undergo a home study before the courts will approve their adoption. The home study may be the most intimidating part of the entire adoption process, and this is true for same-sex parents.

As part of the home study, a social worker will visit the home (or homes) of the same-sex partners and interview them both. They will also expect to interview all other family or household members.

For example, if your partner has other children, the caseworkers may want to speak with the child about discipline, home life, mealtimes, etc.

In addition to the interviews, the home study also includes an assessment of:

• The cleanliness and security of the home
• Your employment and income
• Health insurance coverage

They will also conduct a thorough background check, including a criminal background check.

Home studies can be nerve-wracking. But remember, the person conducting the home study isn't looking for perfection. They just want to be sure the child will be in a safe and stable home. 

Challenges LGBT Couples Face with Co-Parent Adoption

The obvious challenge LGBT families face when pursuing an adoption is bias. Regardless of whether you seek an agency adoption or private adoption, you may encounter prejudice and bias from the other people involved.

Another major challenge for same-sex couples is that adoption agencies and caseworkers almost always prefer to place children with married couples. If you are part of an unmarried couple, you may have to work harder to prove you’re a suitable candidate for adoption.

The good news is that lawmakers and the Supreme Court have made it clear that members of the LGBTQ+ community are entitled to family equality. If you encounter roadblocks or unusual obstacles because of your sexual orientation or gender identity, an LGBTQ+ family law attorney may be able to offer helpful legal advice.

Contact a Family Law Attorney for Help

If you’re ready to adopt, meeting with an adoption attorney is a good idea. They can help you cut through the red tape in a second-parent adoption. They’ll also attend any court hearings with you.

Contact a local adoption attorney to schedule your initial consultation.