Here’s a guide to gay adoption laws. Keep in mind that gay adoption rights are set out by state law, so the following is just a general overview. I’ll update this post with more information occasionally.
For more coverage, check out two previous posts on second parent adoption and gay adoption state laws.
General Issues:
- Usually you file the adoption in the county that you and the child live. It gets more complicated if the child lives in another state, but it’s doable.
- Any child can be adopted, but adoption agencies will usually allow only what’s in the “best interest” of the child. They might not allow the adoption if you have a different religion or race, but this is becoming more rare.
- Every state lets you change the child’s last name at the time of the adoption.
- Almost all states will seal the adoption records.
- Almost all states will grants a new birth certificate showing the child’s new last name.
- Every state will require a social worker investigation and a court hearing.
For gay adoption state laws.
Some Advice
- Get a lawyer. You don’t need one, but when it comes to securing your relationship with your child, you want to make sure all your ducks are in a row.
- Want to adopt through a private agency? Be prepared to wait. You’ll have to find someone that’s willing to let their child be raised in a same-sex household, and not everyone wants that.
- Fastest way to adopt? Being flexible in the child you adopt. You’ll find it easier if you’re willing to adopt a child who’s a different race, older, or disabled.
Related posts:
- Federal Appeals Court: Louisiana Must Recognize Out of State Gay Adoption
- North Carolina Second Parent Adoption Ruling Could Lead to Expansion of Adoption Rights in Other States
- Louisiana Federal Appeal Argues State Should Recognize Same Sex Adoption from Other State
- Washington D.C. Law Could Lead to Widespread Exclusion of Gay Male Couples from Laws That Let Domestic Partners Avoid Adoption Procedures
