{"id":351591,"date":"2016-04-04T11:02:26","date_gmt":"2016-04-04T16:02:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/adoption\/same-sex-adoption-cases.html"},"modified":"2023-10-19T15:54:00","modified_gmt":"2023-10-19T20:54:00","slug":"same-sex-adoption-cases","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/adoption\/same-sex-adoption-cases.html","title":{"rendered":"Same Sex Adoption Cases"},"content":{"rendered":"\n
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Same Sex Adoption Cases<\/h1>\n
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\n By Danielle Gilmore, Esq.<\/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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Although same-sex couples enjoy the same rights as opposite-sex couples, including the right to adopt, they may face obstacles.  Some states do not allow unmarried couples to adopt and this may present an obstacle to some same-sex couples. <\/p>\n\n <\/div>\n\n

In the past, same-sex parents have faced obstacles on their way through the adoption process. And they have had to struggle to gain fair adoption rights.<\/p>\r\n

The U.S. Supreme Court effectively settled the matter when it legalized same-sex adoption<\/a> in all 50 states in 2017. The decision overturned an Arkansas law banning adoption by same-sex couples.<\/p>\r\n

The 2017 Supreme Court ruling, combined with the Court’s recognition of same-sex marriage<\/a> rights, furthered lesbian and gay rights in adoption cases. However, limitations remain for unmarried couples who want to adopt. For instance, Utah<\/a> does not allow unmarried couples (same-sex or different-sex) to foster children. Because many adoptions come from the child welfare system, this can directly impact adoption numbers.<\/p>\r\n

Despite these inroads, social workers may still be reluctant to place children with someone who identifies as bisexual or transgender. They might not think it’s in the \u201cbest interests of the child." So, while states are now broadly required to permit LGBT adoption, some states like Massachusetts, New York, and California might be more friendly than states like Utah or Georgia.<\/p>\r\n

Cases still crop up, and certain restrictions in adoption laws still remain. The following is a discussion of same-sex adoption cases in the United States.<\/p>\r\n

State Laws Against Adoption by Gays and Lesbians<\/h2>\r\n

Many states adopted laws against same-sex marriage prior to the Supreme Court’s landmark 2015 Obergefell v. Hodges<\/i><\/a> ruling. But only Florida had a statute that explicitly prohibited adoption by gay parents. However, in 2010, Florida’s Third District Court of Appeal held that the state’s ban on adoption by homosexuals violated the equal protection guarantee<\/a> of the Florida Constitution.<\/p>\r\n

In this case, a foster parent sought to adopt his two foster sons. Although the organization thought he was a fit parent, they rejected his application. He could not adopt only because Florida law prohibited gay adoption.<\/p>\r\n

The court found that there was no rational basis for this blanket exclusion. Florida’s Dept. of Children and Families no longer factors in sexual orientation to determine adoption fitness.<\/p>\r\n

State Policies Against Adoption by Gays, Lesbians, or Unmarried Couples<\/h2>\r\n

Some states had official policies <\/i>(not laws) that prohibit placing children into foster care or adoption with gay couples or individuals.<\/p>\r\n

In Nebraska, Greg and Stillman Stewart, a gay married couple sued to overturn such a policy. They couldn’t have foster children because they’re gay men. The Nebraska Supreme Court in 2017 upheld the trial court’s decision that the state’s policy violated equal protection and due process.<\/p>\r\n

Some states are in "non-compliance" with federal guidelines permitting LGBT couples to adopt. Several other states <\/a>allow adoption agencies receiving taxpayer funding to deny adoption by LGBT or unmarried couples on "religious" grounds, including:<\/p>\r\n