Within the United States, the U.S. federal law allows same-sex couples to adopt a child. However this was not always the case. In fact, it was just over a few years ago when same-sex couples were not allowed to adopt – or get married.
These days, families can vary. The traditional ‘normality’ of having the male and female as parents and the two kids – a girl and a boy – have gone.
Being LGBTQI+ doesn’t have the same connotations as it used to, thankfully, and more and more people who find themselves a part of the rainbow are able to lead normal lives. In doing so, they are also able to get married and have their own children.
In this article we shall take a look at same-sex couples adopting children, and what the law states.
Are There Limited States Where Same-Sex Couples Can Adopt?
Unsurprisingly, same-sex couples have had a terrible time in the past when it comes to starting their own families. It was once something that was not recognized by law, which meant that often same-sex couples were ignored.
Since then, there have been many fights when it comes to equality within the adoption space, but also marriage too. It was all worth it though, because every state in the USA now allows adoption for LGBTQI+ couples.
The last state to allow same-sex couples to adopt was Mississippi in 2016. The ability for same-sex couples to adopt has been combined alongside the federal marriage equality ruling which came into force during 2015.
Even so, just like with heterosexual couples, it does depend on your marriage status. Some states will allow adoption without the couple being married, while others will not. So always check first when it comes to local law.
How Do Same-Sex Couples Adopt A Child?
Generally, you will find that same-sex couples go through the exact same process as any other couple when it comes to adoption. This means that you do not need to do anything special – like fill out an extra application form – just because you are gay.
This also means that you shouldn’t have to pay a fee for being a same-sex couple, or wait any longer than usual. Instead, go through the regular route to adoption.
What Are The Negatives Of Adopting A Child As A Same-Sex Couple?
Unfortunately, there are some considerations when it comes to adopting as a same-sex couple. There are just a few things to keep in mind, rather than them being a problem as a whole.
For example, there are people who believe that same-sex couples have an effect on adopted children. However, research has shown that the development of a child’s sexuality or gender has no impact by having same-sex parents.
As a same-sex couple with a child, you may feel prejudice or narrow-minded attitudes towards you where you live. This must be taken into consideration, especially if you feel like you won’t be safe.
Once you have a child too, you will want to feel extra safe knowing they (and you) can walk around freely without problems. Despite this, there are many benefits to adopting a child, whether in a same-sex relationship or not.
Your sexuality has absolutely no impact when it comes to caring for a child, or being a great parent.
Why Choose Adoption As A Same-Sex Couple?
There are many reasons to choose adoption as a same-sex couple. While there are other areas to choose from, for example surrogacy, adopting a child can be rewarding. You are helping a child who may otherwise be put into temporary foster care.
You can also build a family and enjoy the moments that go with it. Most of all, you get to help a child be brought into a loving home.
Final Thoughts
As a same-sex couple, or if you are just curious, it is good to know that even if you are in a same-sex marriage, you can adopt a child within all 50 states of America. Having said that, it doesn’t mean it is the easiest task that you will undertake.
Just like anyone else going through the process, it can be hard work. However, add a ‘same-sex couple’ title into the mix and sometimes you might feel like the process is a little more scary. Even so, you can adopt a child as a same-sex couple.
In fact, there is absolutely nothing different that you need to declare. The process will be the same as if you were a heterosexual couple. This includes the waiting time, cost, and the full adoption program. Good luck in the next step of your journey.
Frequently Asked Questions
Are Same-Sex Couples Allowed To Adopt A Child?
Yes, same-sex couples are allowed to adopt a child, but it depends on where it is. In some foreign countries, it is still illegal. However, in America, under the federal law it is legal for a same-sex couple to adopt.
Do Same-Sex Couples Adopt Children?
Yes, same-sex couples do adopt children. In fact, it is a great way to start a family and help a child get the love and affection that they need to live a meaningful life.
What Was The Year Same-Sex Couples Legally Could Adopt?
Since the year 2003, same-sex couples have had the right to legally adopt. Since then, thousands of same-sex couples have gone on to adopt children. However, it wasn’t until 2016 when all American states were legally allowed to adopt a child.
This was due to a federal judge overruling a ban in Mississippi which did not allow same-sex couples to adopt children.
Can A Same-Sex Couple In New York Adopt A Child?
Yes, a same-sex couple in New York can adopt a child. This is due to same-sex marriage being legal, therefore a same-sex couple can happily adopt without an issue.
An individual can also adopt their partner’s child too, even if they are a same-sex couple. This would be classed as a ‘stepparent adoption’.
Hi, I’m Joan Crassel, and I started my firm in 2006, with the goal to help and represent clients in a range of adoption-related matters.
Since then, the firm has gone on to aid hundreds of clients in adoption proceedings, and in other areas of family law.
With this site, I hope that you can find all of the answers that you are looking for, with in depth guides and informative articles from lawyers, not bloggers or social media influencers. We have actual first-hand knowledge of the adoption process, and can provide you with insight that no one else can.
