{"id":351580,"date":"2016-04-04T11:02:26","date_gmt":"2016-04-04T16:02:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/adoption\/legal-issues-for-gay-and-lesbian-adoption.html"},"modified":"2023-06-23T13:08:28","modified_gmt":"2023-06-23T18:08:28","slug":"legal-issues-for-gay-and-lesbian-adoption","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/adoption\/legal-issues-for-gay-and-lesbian-adoption.html","title":{"rendered":"Gay and Lesbian Adoption Laws"},"content":{"rendered":"\n
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Gay and Lesbian Adoption Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Since the U.S. Supreme Court legalized same-sex marriage in 2015 with Obergefell v. Hodges<\/i>, gay and lesbian couples enjoy the same rights as opposite-sex couples.  This includes the right to adopt a child.<\/p>\n\n <\/div>\n\n

Same-sex couples face several unique legal issues when they choose to have a family with children. When same-sex couples adopt, they may face discrimination in the adoption process. <\/p>\r\n

Gay and Lesbian Adoption Laws: Background Information<\/h2>\r\n

There are misconceptions about gay and lesbian adoption laws. Some people believe that they are not allowed to adopt in some states. In the past, state laws prohibited LGBTQ+ people from adopting. However, Mississippi ended this when it became the last state to overturn the laws that allowed the adoption restriction.<\/p>\r\n

However, just because the laws have changed does not mean that gays and lesbians can adopt without challenges. There are roadblocks in the foster care system. For example, states have a lot of freedom <\/a>when it comes to placing foster children with foster parents.<\/p>\r\n

State laws allow child welfare agencies to ban same-sex couples and LGBTQ+ individuals. Agencies can do this on the basis that it conflicts with their religious beliefs. Because a parent can eventually adopt their foster child, this restriction impacts adoption.<\/p>\r\n

Some states<\/a> even enact legislation that enables private adoption agencies to discriminate on the basis of sexual orientation. Or they pass laws that favor heterosexuals. For instance, Utah prefers married couples for placements<\/a>. On the other hand, some states have enacted protections<\/a> for LGBTQ families seeking to become foster care or adoptive placements for children.<\/p>\r\n

But these are not the only differences. Even when a child is born into a gay or lesbian partnership, different rules can impact the parents. This is true, especially if they’re an unmarried couple.<\/p>\r\n

The Supreme Court ruling, Obergefell v. Hodges,<\/i> affirmed same-sex marriage rights<\/a> nationwide. The ruling removed some legal hurdles. But it did not remove all of them. Marital status is a major factor but there are still a lot of challenges for married same-sex couples who want families.<\/p>\r\n

Raising a child can be one of the biggest decisions in your life. It’s important to know the legal ramifications for adoptive parents before you start down the road toward growing a family.<\/p>\r\n

Gay and Lesbian Adoption Laws and Options<\/h2>\r\n

Many gay and lesbian couples decide to bring a child into their lives through conception and birth<\/a>. The legal planning necessary for these arrangements is complex. For a lesbian couple, this usually involves finding a male donor. It may involve visiting a sperm bank. One-half of the couple gets pregnant.<\/p>\r\n

The other partner can become a legal second parent through stepparent or second parent adoption<\/a>. Gay men can also become legal parents of a child in a similar fashion using a surrogate mother. Adoption laws vary from state to state<\/a>.<\/p>\r\n

However, a 2015 Supreme Court decision<\/a> recognizes adoption rights for same-sex couples who want to build their families via science and the law. If one state recognizes an adoption, another state must also recognize it under the "full faith and credit clause" of the Constitution.<\/p>\r\n

The Rights and Duties of Legal Parents<\/h2>\r\n

A "legal parent" is a biological or adoptive parent whose parental rights have not been terminated. They can make decisions about the child’s education, well-being, and health. Legal parents must also support their children financially<\/a>.<\/p>\r\n

When a heterosexual married couple has a child, both parents are automatically presumed to be the child’s legal parents. The birth mother is an obvious legal parent because she gave birth to the child. The husband is the presumptive father. Even if the couple divorces, both parents still are the legal parents of the child under this parental presumption.<\/p>\r\n

One partner can legally adopt the biological child of the other partner through adoption procedures. The procedures are:<\/p>\r\n