Second-parent adoption

The second-parent adoption or co-parent adoption is a process by which a marriage partner can adopt their partner's biological or adoptive child without terminating the first legal parent's rights. This process is of interest to many couples, as legal parenthood allows the parent's partner to do things such as: make medical decisions, claim dependency, or gain custody in the event of the death of the biological parent.[1]

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Second-parent adoption is of significant importance in the context of the LGBT adoption. In the United States, second-parent adoption was started by the National Center for Lesbian Rights (formerly the Lesbian Rights Project) in the mid-1980s.[2] The NCLR offers a legal guide that covers the basics of second-parent adoption.[1]

Family law varies from state to state in America. Courts in many states have granted second-parent adoptions to same-sex couples, though there is no statewide law or court decision that guarantees this. In fact, courts within the same state but in different jurisdictions often contradict each other in practice. However, The American Medical Association supported second parent adoption by same-sex partner,[3] stating that lack of formal recognition can cause health-care disparities for children of same-sex parents. The American Academy of Pediatrics also supports second parent adoption.[4][5] Countries other than America similarly support second-parent adoption. In July 2011, The Ministry of Labour, Family and Social Affairs of Slovenia stated that the existing law allows for second-parent adoption.[5][6] In the context of LGBT adoption and parenting in Australia, As of 2008, the best option was to apply to the Family Court of Australia for a parenting order, as ‘other people significant to the care, welfare and development’ of the child. It provides an important "status quo" if the birth mother were to die, preventing other family members from taking immediate custody of the child.[7][8]

United States

If second-parent adoption is not a legal option in certain counties or states, the Human Rights Campaign suggests taking precautionary steps, such as: a written custody agreement or a co-parent agreement between partners.[9] Also suggested is gathering evidence to prove you are a family.[9]

Legal status of adoption by same-sex couples around the world:
  Joint adoption allowed
  Second-parent adoption allowed
  No laws allowing adoption by same-sex couples
American States Do they allow second-parent adoption for married couples? Do they allow second-parent adoption for unmarried and/or domestic partners (whether same-sex or opposite sex)?[1] Do they explicitly state they allow same-sex couples the right to second-parent adoption?[1]
Alabama Yes No Yes (in certain counties)
Alaska Yes Yes No
Arizona Yes Yes No
Arkansas Yes Yes No
California Yes Yes Yes
Colorado Yes Yes Yes
Connecticut Yes Yes Yes
Delaware Yes Yes Yes (in certain counties)
District of Columbia Yes Yes Yes
Florida Yes Yes Yes (in certain counties)
Georgia Yes Yes Yes (in certain counties)
Hawaii Yes Yes Yes (in certain counties)
Idaho Yes Yes Yes
Illinois Yes Yes Yes
Indiana Yes Yes Yes
Iowa Yes Yes Yes (in certain counties)
Kansas Yes No No
Kentucky Yes No No
Louisiana Yes Yes Yes (in certain counties)
Maine Yes Yes Yes
Maryland Yes Yes Yes (in certain counties)
Massachusetts Yes Yes Yes
Michigan Yes Yes No
Minnesota Yes Yes Yes (in certain counties)
Mississippi Yes Yes No
Missouri Yes Yes No
Montana Yes Yes No
Nebraska Yes No Yes
Nevada Yes Yes No
New Hampshire Yes Yes No
New Jersey Yes Yes Yes
New Mexico Yes Yes No
New York Yes Yes Yes
North Carolina Yes No No
North Dakota Yes Yes No
Ohio Yes No No
Oklahoma Yes Yes Yes
Oregon Yes Yes Yes (in certain counties)
Pennsylvania Yes Yes Yes
Rhode Island Yes Yes Yes (in certain counties)
South Carolina Yes Yes No
South Dakota Yes Yes No
Tennessee Yes Yes No
Texas Yes Yes Yes (in certain counties)
Utah Yes No No
Vermont Yes Yes Yes
Virginia Yes Yes No
Washington Yes Yes Yes (in certain counties)
West Virginia Yes Yes Yes (in certain counties)
Wisconsin Yes No No
Wyoming Yes Yes No

See also

References
  1. "Legal Recognition of LGBT Families" (PDF).
  2. "Archived copy". Archived from the original on 2008-05-17. Retrieved 2017-12-11.CS1 maint: archived copy as title (link)
  3. "H-60.940 Partner Co-Adoption, H-65.973 Health Care Disparities in Same-Sex Partner Households "AMA Policy regarding sexual orientation"". Ama-assn.org. Archived from the original on 19 October 2013. Retrieved 16 March 2013.
  4. "Policy Statement—AAP publications retired and reaffirmed". Pediatrics. 124 (2): 845. August 2009. doi:10.1542/peds.2009-1415. PMID 19651598.
  5. "Confronting Homophobia in Europe" (PDF). Retrieved 2013-10-10.
  6. "First Adoption by Gay Partner of Child's Parent". www.sloveniatimes.com. Archived from the original on 2019-03-08. Retrieved 2017-02-26.
  7. "Same Sex, Same Entitlements". Human Rights and Equal Opportunity Commission. Retrieved 13 May 2008.
  8. "Is second parent adoption possible in Australia?". Gay & Lesbian Rights Lobby. Archived from the original on 19 July 2008. Retrieved 13 May 2008.
  9. Campaign, Human Rights. "Second Parent Adoption". Human Rights Campaign. Retrieved 2018-12-06.
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