From the Nolo Family Law & Immigration Center
Adoption and Parenting When You re Lesbian or Gay
The legal rights of same-sex parents, from adoption to
coparenting to the rights of second parents in the event of a breakup.
There are a lot of special issues for lesbian and gay singles and couples who
want to adopt or who are raising children. This article addresses adoption for
LGBT singles and couples and gives general information about parenting and the
rights of second parents.
Adopting Children
Lesbians and gay men bring children into their lives in a number of ways. In
lesbian couples, frequently one partner gives birth to a child and the other
partner -- the second parent -- becomes a legal parent through second parent or
stepparent adoption, if that’s permitted in the state where they live. In states
that allow it, lesbians or gay men sometimes adopt children jointly, so that
both of them are legal parents from the beginning.
Lesbian and gay singles and couples in these states can adopt children
through agency or independent adoptions, and even through international
adoptions, though they will have to be closeted to complete an international
adoption. See Adoption
Basics and the links to the different types of adoption.
For many same-sex couples, however, joint or second parent adoptions are not
available. A few states, such as Florida, bar same-sex partners from adopting.
For a state-by-state overview of second parent adoption laws and cases, visit Lambda Legal s website.
Legal Parents: Rights and Responsibilities
A legal parent is a person who has the right to live with a child (full or
part time) and to make decisions about the child s health, education, and
well-being. A legal parent is also responsible for financially supporting the
child. When a married couple has or jointly adopts a child, both partners are
automatically considered legal parents. As a result, even if they split up, they
both remain legal parents unless a court terminates either parent s rights. Some lesbian and gay couples are fortunate enough to live in a state where
same-sex partners can jointly adopt a child -- or where one partner can adopt
the biological child of the other through a second parent, stepparent, or
domestic partner adoption. These procedures ensure that both partners are
considered legal parents of their child.
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