Adoption for LGBTs

by Deborah Wald, Esq.

How Many People are Homosexual in the US?

It is estimated that approximately ten percent of the U.S. population or 25 million people are homosexual.

How Many Children Have Gay Parents in the US?

• There were an estimated 300,000 to 500,000 gay and lesbian biological parents in 1976.
• In 1990, an estimated 6 to 14 million children have a gay or lesbian parent.
• Between 8 and 10 million children are being raised in a gay and lesbian households.

Latest statistics from the U.S. Census 2000, the National Survey of Family Growth (2002), and the Adoption and Foster Care Analysis and Reporting System (2004) include:

• An estimated two million GLB people are interested in adopting.
• An estimated 65,500 adopted children are living with a lesbian or gay parent.
• More than 16,000 adopted children are living with lesbian and gay parents in California, the highest number among the states.
• Gay and lesbian parents are raising four percent of all adopted children in the United States.
• Adopted children with same-sex parents are younger and more likely to be foreign born.

Can Gay and Lesbians Become Foster Parents?

Whether a gay or lesbian person can be a foster parent will be determined on a State by State basis. Each State will have it’s own rules and regulations regarding fostering. Some regulations might include bedroom sizes, safety standards for the home, and/or number of children allowed in the home.

How Many Foster Children Are Living with Lesbian or Gay Foster Parents?

An estimated 14,100 foster children are living with lesbian or gay parents within the United States. Gay and lesbian foster parents are raising approximately 3% of the Nations foster children.

SOURCE:

Adoption and Foster Care by Lesbian and Gay Parents in the United States. Author(s): Gary Gates, Lee M.V. Badgett, Jennifer Ehrle Macomber, Kate Chambers of the Urban Institute.

How Many Children Would Be Displaced and How Much Money Lost if National Ban on Gay Foster Parents?

A ban on gay and lesbian individuals being allowed to foster could displace 9,000 to 14,000 children if pursued nationally. Such a national ban on GLB foster care could cost from $87 to $130 million. The costs to individual states could range from $100,000 to $27 million.

SOURCE:

Adoption and Foster Care by Lesbian and Gay Parents in the United States. Author(s): Gary Gates, Lee M.V. Badgett, Jennifer Ehrle Macomber, Kate Chambers with the Urban Institute.

Gay Adoptions, Secret Adoptions?

Gay adoption is nothing new. Gays and lesbians have been adopting for a long time, but only recently have gay adoptions been done openly. In the past, and perhaps in some areas of the country still today, gay couples have lied in order to adopt. Usually with one partner adopting and the other pretending to be a roommate or a friend. But it is extremely important to realize the importance of honesty when adopting. It is legal to omit information, it is not legal to lie when asked a specific question. Lying in this instance is considered fraud and may be cause for an adoption to not occur or for an already established placement to disrupt.

Types of Adoptions

1. Public Agency Adoption: The outcome of gay adoptions with this route is solely left to the attitudes of the state and the agency as each state decides who can adopt. The court’s make their decisions based on what they think is in the best interest of the child in question. This is of course extremely subjective.
2. Independent Adoption: These adoptions are facilitated by someone other than an agency or social worker. This could mean an attorney or physician. These adoptions are illegal in many states. With these adoptions the placement is left up to the families involved. Again honesty regarding who you are is important.
3. International Adoption: This option is complicated however, as it means finding an agency willing to work with a homosexual couple and a foreign country willing to place a child in an alternative family.

Gay Adoption Legalities and Issues

It is more common for one partner to adopt and then for the second to apply as the second parent, or co-parent. Second parent adoptions creates a second legally recognized parent for the adoptive children. This is the only way for gay couples to both become legal parents of their children. Second parent adoptions have been granted by the courts in twenty-one states as well as D.C.

Gay and Lesbian Adoption

In the U.S., gay adoption laws vary from state to state. Here are the different types of adoption and a state-by-state index of adoption laws:

Types of Adoption/Guardianship:

• Single (Individual) Adoption Individual adoption is the traditional type of adoption where an unmarried person seeks to adopt a child that has been put for adoption by the birth parent(s) or by the State.
• Joint Adoption In a joint adoption an unmarried couple petitions the court to adopt a child that has been put for adoption by the birth parent(s) or by the State.
• Second-parent Adoption This type of adoption involves one parent who already has legal rights of the child and a second parent that is petitioning for joint rights. The initial parent does not give up parental rights. Usually, gay couples in states that do not allow joint same-sex adoption choose this option.
• Step-parent (Domestic Partner) Adoption When a child is already living with both same-sex parents, step-parent or domestic partner adoption is filed.
• Guardianship Where gay adoption is not legal, parents can protect their families by applying for guardianship. However, guardianship does not provide the same legal rights as adoption.
• Foster Care vs. Adoption Foster care differs from adoption in a few ways. A foster parent assumes care responsibility for the foster child, but the State maintains all legal guardianship of the child. Adoption transfers legal responsibility and care over to the adopting parents.

Gay Adoption State-by-State

Alabama: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.

Alaska: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.

Arizona: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.

Arkansas: Legislation is not clear whether single gays or couples can adopt.

California: Permits single GLBT and joint adoption. Second-parent adoption allowed.

Colorado: Permits same-sex couple adoption. Also allows grandparents and other individuals helping raise the child to adopt.

Connecticut: Permits single GLBT and joint adoption. Second-parent adoption allowed.

Delaware: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.

District of Columbia: Permits single GLBT and joint adoption. Second-parent adoption allowed.

Florida: Prohibits single and joint gay adoption.

Georgia: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.

Hawaii: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.

Idaho: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.

Illinois: Permits single GLBT and couples adoption. Second-parent adoption allowed.

Indiana: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.

Iowa: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.

Kansas: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.

Kentucky: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.

Louisiana: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.

Maine: Permits single GLBT adoption. On August 30, 2007 the Maine Supreme Judicial Court ruled unanimously in their favor on grounds that prohibiting the adoption would be counter to Maine’s Adoption Act.

Maryland: Permits single GLBT adoption. Joint gay adoption unclear. Second-parent adoption allowed in some areas.

Massachusetts: Permits single GLBT and joint adoption. Second-parent adoption allowed.

Michigan: Permits single GLBT adoption. Prohibits joint adoption. Second-parent adoption unclear.

Minnesota: Permits single GLBT adoption. Joint gay adoption unclear. Second-parent adoption allowed in some areas.

Mississippi: Permits single GLBT adoption. Prohibits joint adoption. Second-parent adoption unclear.

Missouri: Single GLBT and joint adoption unclear. Second-parent adoption unclear.

Montana: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.

Nebraska: Single GLBT adoption unclear. Does not clearly prohibit joint gay adoption. Prohibits second-parent adoption.

Nevada: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.

New Hampshire: Permits single GLBT adoption. Prohibits joint adoption. Second-parent adoption unclear.

New Jersey: Permits single GLBT and joint adoption. Second-parent adoption allowed.

New Mexico: Permits single GLBT and joint adoption. Second-parent adoption allowed in some areas.

New York: Permits single GLBT and joint adoption. Second-parent adoption allowed.

North Carolina: Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption unclear.

North Dakota: Single GLBT and joint adoption unclear. Second-parent adoption unclear.

Ohio: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption not allowed.

Oklahoma: Permits single GLBT adoption.

Oregon: Permits single GLBT and joint adoption. Second-parent adoption allowed in some areas.

Pennsylvania: Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption allowed.

Rhode Island: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.

South Carolina: Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption unclear.

South Dakota: Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption unclear.

Tennessee: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.

Texas: Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption allowed in some areas.

Utah: Permits single GLBT adoption. Joint adoption prohibited. Second-parent adoption unclear.

Vermont: Permits single GLBT and joint adoption. Second-parent adoption allowed.

Virginia:. Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear

Washington: Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption in some areas.

West Virginia: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.

Wisconsin: Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption prohibited.

Wyoming: Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption unclear.

Deborah H. Wald, Esq. is a San Francisco Bay Area attorney specializing in family formation law, with an emphasis on LGBT families. As a practitioner, teacher, and author, her goal is to ensure that all families and children receive the highest quality legal protections available.

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