LGBT Adoption Laws:
Overview
Adoption Laws: Joint Adoption Each state has its own laws governing adoption and they vary widely. A joint adoption involves a couple adopting from the child’s biological parent(s) or is in the custody of the state. In many states it is unclear whether a same-sex couple would be permitted to file a joint petition to adopt.
States where same-sex couples can petition to jointly adopt statewide include: California, Connecticut, District of Columbia, Illinois, Indiana, Maine, Massachusetts, New Jersey, New York, Oregon and Vermont.
States where same-sex couples have successfully petitioned to jointly adopt in some jurisdictions. Nevada and New Hampshire.
In many states the status of parenting law for LGBT people is unclear. The determination of parenting rights is made on a case-by-case basis and it is the decision of the judge whether to grant the adoption petition. If you are considering becoming a parent, you should consult with a attorney licensed in your state and familiar with LGBT family law.
States where same-sex couples are prohibited from adopting include Florida, Mississippi and Utah. State courts in Michigan have ruled that unmarried individuals may not jointly petition to adopt. Florida is the only state that explicitly prohibits all LGB people, whether individuals or couples, from adopting. On Nov. 4, 2008, Arkansas voters approved a statutory ban on adoption and foster parenting by unmarried individuals cohabiting with a sexual partner.
Adoption Laws: Second Parent Adoption
Each state has its own laws governing adoption and they vary widely. In some states, a person can petition
to adopt the child of his or her partner. These are usually called second-parent or stepparent adoptions.
States where second-parent adoption is an option for same-sex couples statewide include: California, Colorado, Connecticut, District of Columbia, Illinois, Massachusetts, New Jersey, New York, Pennsylvania and Vermont.
States where same-sex couples have successfully petitioned for second-parent adoption in some jurisdictions include: Alabama, Alaska, Delaware, Hawaii, Iowa, Louisiana, Maryland, Minnesota, Nevada, New Hampshire, New Mexico, Oregon, Rhode Island, Texas and Washington.
In many states the status of parenting law for LGBT people is unclear. The determination of parenting rights is made on a case-by-case basis and it is ultimately the decision of the judge whether to grant the adoption petition. If you are considering becoming a parent, you should consult with a attorney licensed in your state and familiar with LGBT family law.
Same-sex couples are prohibited from adopting in Florida, Mississippi and Utah. State courts in Michigan have ruled that unmarried individuals may not jointly petition to adopt. Florida is the only state that explicitly prohibits all LGB people, whether individuals or couples, from adopting. On Nov. 4, 2008, Arkansas voters approved a statutory ban on adoption and foster parenting by unmarried individuals cohabiting with a sexual partner.” State courts have ruled that second-parent adoptions are not available under current law in Kentucky, Nebraska, Ohio and Wisconsin.