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{{Short description|Type of adoption used by a stepparent}}
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{{LGBT sidebar|rights}}
{{Use mdy dates|date=June 2022}}
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The '''second-parent adoption''' or '''co-parent adoption''' is a process by which a partner, who is not biologically related to the child, can [[Adoption|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.<ref name=":0">{{Cite web|url=http://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf|title=Legal Recognition of LGBT Families}}</ref>
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{{LGBTQ sidebar|rights}}
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The '''second-parent adoption''' or '''co-parent adoption''' is a process by which a partner, who is not biologically related to the child, can [[Adoption|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.<ref name=":0">{{Cite web|url=http://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf|title=Legal Recognition of LGBT Families|accessdate=21 January 2024}}</ref>


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.<ref>{{Cite web |url=http://www.nclrights.org/publications/adptn0204.htm |title=Archived copy |access-date=2017-12-11 |archive-date=2008-05-17 |archive-url=https://web.archive.org/web/20080517133625/http://www.nclrights.org/publications/adptn0204.htm |url-status=dead }}</ref> The NCLR offers a legal guide that covers the basics of second-parent adoption.<ref name=":0" /> According to the NCLR, second parent adoption is the most common means by which LGBT non-biological parents establish a legal relationship with their child.  
Second-parent adoption is relevant in the context of [[LGBT adoption|LGBTQ+ 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.<ref>{{Cite web |url=http://www.nclrights.org/publications/adptn0204.htm |archive-url=https://web.archive.org/web/20040411235923/http://www.nclrights.org/publications/adptn0204.htm |access-date=2017-12-11 |archive-date=2004-04-11 |title=NCLR - Adoption by Lesbian, Gay, and Bisexual Parents: An Overview of Current Law }}</ref> The NCLR offers a legal guide that covers the basics of second-parent adoption.<ref name=":0" /> According to the NCLR, second parent adoption is the most common means by which LGBTQ+ non-biological parents establish a legal relationship with their child.<ref name=":02"/>


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.{{citation needed|date=April 2020}} According to the NCLR, it is legally advisable for [[LGBT parenting|LGBTQ+ parents]] to get an adoption or parentage judgment to ensure that their parental rights are fully protected in every state.<ref name=":02">[https://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf Legal recognition of LGBT families] NCLR</ref>
<ref>https://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf</ref>


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.{{citation needed|date=April 2020}} However, The American Medical Association supported second parent adoption by same-sex partner,<ref>{{cite web|url=http://www.ama-assn.org/ama/pub/about-ama/our-people/member-groups-sections/glbt-advisory-committee/ama-policy-regarding-sexual-orientation.shtml|title=H-60.940 Partner Co-Adoption, H-65.973 Health Care Disparities in Same-Sex Partner Households "AMA Policy regarding sexual orientation"|publisher=Ama-assn.org|archive-url=https://web.archive.org/web/20131019042918/http://www.ama-assn.org/ama/pub/about-ama/our-people/member-groups-sections/glbt-advisory-committee/ama-policy-regarding-sexual-orientation.page|archive-date=19 October 2013|url-status=dead|access-date=16 March 2013|df=}}</ref> stating that lack of formal recognition can cause health-care disparities for children of same-sex parents.{{citation needed|date=April 2020}} The American Academy of Pediatrics also supports second parent adoption.<ref>{{cite journal|date=August 2009|title=Policy Statement—AAP publications retired and reaffirmed|url=http://pediatrics.aappublications.org/cgi/pmidlookup?view=long&amp;pmid=19651598|journal=Pediatrics|volume=124|issue=2|pages=845|doi=10.1542/peds.2009-1415|pmid=19651598|doi-access=free}}</ref><ref name=":1">{{cite web|url=http://www.policy.hu/takacs/pdf-lib/Confronting_Homophobia_in_Europe-the_book.pdf|title=Confronting Homophobia in Europe|date=|access-date=2013-10-10}}</ref> 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.<ref name=":1" /><ref>{{cite web|url=http://www.sloveniatimes.com/first-adoption-by-gay-partner-of-child-s-parent|title=First Adoption by Gay Partner of Child's Parent|last=|first=|date=|website=www.sloveniatimes.com|language=|access-date=2017-02-26|archive-date=2019-03-08|archive-url=https://web.archive.org/web/20190308190823/http://www.sloveniatimes.com/first-adoption-by-gay-partner-of-child-s-parent|url-status=dead}}</ref> 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.<ref>{{cite web|url=http://www.humanrights.gov.au/human_rights/samesex/report/Ch_5.html|title=Same Sex, Same Entitlements|publisher=Human Rights and Equal Opportunity Commission|access-date=13 May 2008}}</ref><ref>{{cite web|url=http://www.glrl.org.au/issues/relationship_qa.htm#Q4_1|title=Is second parent adoption possible in Australia?|publisher=Gay & Lesbian Rights Lobby|archive-url=https://web.archive.org/web/20080719183625/http://www.glrl.org.au/issues/relationship_qa.htm%23Q4_1|archive-date=19 July 2008|url-status=dead|access-date=13 May 2008|df=}}</ref>
The [[American Medical Association]] (AMA) supported second parent adoption by same-sex partners,<ref>{{cite web|url=http://www.ama-assn.org/ama/pub/about-ama/our-people/member-groups-sections/glbt-advisory-committee/ama-policy-regarding-sexual-orientation.shtml|title=H-60.940 Partner Co-Adoption, H-65.973 Health Care Disparities in Same-Sex Partner Households "AMA Policy regarding sexual orientation"|publisher=Ama-assn.org|archive-url=https://web.archive.org/web/20131019042918/http://www.ama-assn.org/ama/pub/about-ama/our-people/member-groups-sections/glbt-advisory-committee/ama-policy-regarding-sexual-orientation.page|archive-date=19 October 2013|url-status=dead|access-date=16 March 2013}}</ref> stating that lack of formal recognition can cause health-care disparities for children of same-sex parents.{{citation needed|date=April 2020}} The [[American Academy of Pediatrics]] also supports second parent adoption.<ref>{{cite journal|date=August 2009|title=Policy Statement—AAP publications retired and reaffirmed|url=http://pediatrics.aappublications.org/cgi/pmidlookup?view=long&amp;pmid=19651598|journal=Pediatrics|volume=124|issue=2|pages=845|doi=10.1542/peds.2009-1415|pmid=19651598|doi-access=|last1=American Academy Of |first1=Pediatrics |s2cid=34222261 }}</ref><ref name=":1">{{cite web|url=http://www.policy.hu/takacs/pdf-lib/Confronting_Homophobia_in_Europe-the_book.pdf|title=Confronting Homophobia in Europe|date=|access-date=2013-10-10}}</ref> The [[American Academy of Child and Adolescent Psychiatry]] says they oppose all discrimination based on sexual orientation or gender identity regarding custodial, foster, or adoptive rights.<ref name=":23" /> The [[American Bar Association]] supports second parent adoptions by unmarried persons, saying it is in the best interest of the child.<ref name=":23">{{Cite web|title=Professional Organizations on LGBTQ Parenting|url=https://www.hrc.org/resources/professional-organizations-on-lgbt-parenting|access-date=2021-12-07|website=HRC|language=en-US}}</ref>
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.<ref name=":1" /><ref>{{cite web|url=http://www.sloveniatimes.com/first-adoption-by-gay-partner-of-child-s-parent|title=First Adoption by Gay Partner of Child's Parent|last=|first=|date=|website=www.sloveniatimes.com|language=|access-date=2017-02-26|archive-date=2019-03-08|archive-url=https://web.archive.org/web/20190308190823/http://www.sloveniatimes.com/first-adoption-by-gay-partner-of-child-s-parent|url-status=dead}}</ref> In the context of LGBTQ+ 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.<ref>{{cite web|url=http://www.humanrights.gov.au/human_rights/samesex/report/Ch_5.html|title=Same Sex, Same Entitlements|publisher=Human Rights and Equal Opportunity Commission|access-date=13 May 2008}}</ref><ref>{{cite web|url=http://www.glrl.org.au/issues/relationship_qa.htm#Q4_1|title=Is second parent adoption possible in Australia?|publisher=Gay & Lesbian Rights Lobby|archive-url=https://web.archive.org/web/20080719183625/http://www.glrl.org.au/issues/relationship_qa.htm%23Q4_1|archive-date=19 July 2008|url-status=dead|access-date=13 May 2008}}</ref>

An adoption home study must be completed for any second-parent wanting to adopt. The adoption home study process ensures that the child is placed in a home that will best suit their needs. This process is dependent upon the state in which the adoption will take place.<ref>{{cite web |title=The Adoption Home Study Process |url=https://www.childwelfare.gov/pubs/f-homstu/ |website=Child Welfare Information Gateway |access-date=19 December 2021}}</ref>


==United States==
==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.<ref name=":2">{{Cite web|url=http://www.hrc.org/resources/second-parent-adoption/|title=Second Parent Adoption|last=Campaign|first=Human Rights|website=Human Rights Campaign|language=en|access-date=2018-12-06}}</ref> Also suggested is gathering evidence to prove you are a family.<ref name=":2" />
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.<ref name=":2">{{Cite web|url=http://www.hrc.org/resources/second-parent-adoption/|title=Second Parent Adoption|last=Campaign|first=Human Rights|website=Human Rights Campaign|language=en|access-date=2018-12-06}}</ref> Also suggested is gathering evidence to prove you are a family.<ref name=":2" />


Note that where second parent adoption is illegal, it is illegal for both different sex and same-sex couples. <ref>https://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf</ref>[[File:World same-sex adoption laws.svg|right|thumb|300px|Legal status of adoption by same-sex couples around the world:
Note that where second parent adoption is illegal, it is illegal for both different sex and same-sex couples.<ref name=":02"/>[[File:World same-sex adoption laws.svg|right|thumb|300px|Legal status of adoption by same-sex couples around the world:
{{legend|#800080|Joint adoption allowed}}
{{legend|#800080|Joint adoption allowed}}
{{legend|#ba75ff|Second-parent adoption allowed}}
{{legend|#ba75ff|Second-parent adoption allowed}}
{{legend|#e0e0e0|No laws allowing adoption by same-sex couples}}]]
{{legend|#CCCCCC|No laws allowing adoption by same-sex couples and no same-sex marriage}}
{{legend|#E4D69D|Same-sex marriage but adoption by married same-sex couples not allowed}}]]
{| class="wikitable"
{| class="wikitable"
!American States
!U.S. States
!Do they allow second-parent adoption for married couples?
!Is second-parent adoption legal for married couples?
!Do they allow second-parent adoption for unmarried and/or domestic partners (whether same-sex or opposite sex)?<ref name=":0" />
!Is second-parent adoption legal for unmarried and/or domestic partners (whether same-sex or opposite-sex)?<ref name=":0" />
!Do they explicitly state they allow same-sex couples the right to second-parent adoption?<ref name=":0" />
!Are same-sex couples explicitly granted the right to second-parent adoption?<ref name=":0" />
|-
|-
|Alabama
|Alabama
Line 158: Line 165:
|Nebraska
|Nebraska
|Yes
|Yes
|No
|Yes
|Yes
|Yes
|-
|-
Line 254: Line 261:
|Yes
|Yes
|Yes
|Yes
|No
|Yes
|-
|-
|Washington
|Washington
Line 277: Line 284:
|}
|}


=== States that allow second-parent adoption ===
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=== Alabama ===

In 2016, in V.L. vs E.L.,The Alabama Supreme Court attempted to overturn a second parent same-sex adoption that was validly granted by Georgia.<ref>https://www.familyequality.org/wp-content/uploads/2018/06/Alabama-LGBTQ-Family-Law-WEB.pdf</ref> The United States Supreme Court ruled that The Full Faith and Credit Clause of the Constitution requires the Alabama state courts to recognize a Georgia state court’s adoption order. <ref>{{Cite web|title={{meta.pageTitle}}|url=https://www.oyez.org/cases/2015/15-648|access-date=2021-12-01|website={{meta.siteName}}|language=en}}</ref>
==== California ====
In 2014, California enacted the Modern Family Act. Assembly Bill 2344 became Section 9000.5 of the [[California Codes|Family Code]]. It speeds up the second-parent adoption process for couples that include the child's birth mother or parent who used a gestational surrogate.<ref>{{Cite web |title=California Code, FAM 9000.5. |url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=9000.5.&lawCode=FAM |access-date=2024-12-02 |website=leginfo.legislature.ca.gov}}</ref>

==== Nebraska ====
In [[Nebraska]], any single adult, stepparent, or married couple may adopt.<ref>{{Cite web |title=Nebraska Adoption Laws and Policies {{!}} Adoptive Families |url=https://www.adoptivefamilies.com/how-to-adopt/nebraska-adoption-laws-and-policies/ |access-date=November 25, 2024 |website=Adoptive Families |language=en-US}}</ref><ref>{{Cite web |title=Guidance on same-sex couples adopting {{!}} OutNebraska |url=https://outnebraska.org/guidance-on-same-sex-couples-adopting/ |access-date=2021-12-01 |website=outnebraska.org}}</ref>

In a 2002 court case, ''In re Adoption of Luke'', 263 Neb. 365, the Supreme Court of Nebraska ruled that a biological parent's unmarried partner could not adopt their child in a second parent adoption.<ref>{{Cite web |date=March 8, 2002 |title=In re Adoption of Luke, 263 Neb. 365 {{!}} Casetext Search + Citator |url=https://casetext.com/case/in-re-adoption-of-luke |access-date=2024-11-25 |website=casetext.com |quote=We have held that in a private adoption case where the prospective adoptive parent was not a spouse of the biological parent, there must be a relinquishment by the biological parent and the relinquishment must be valid in order for the child to become eligible for adoption.}}</ref>

In 2021, an unmarried lesbian couple sued Nebraska's health department for not allowing both of them to be on their son's birth certificate. The Nebraska Department of Health and Human Services denied their request. They stated that the only routes to legal parenthood are [[marriage]], adoption, or biological relationship. According to the lawsuit, Nebraska case law prohibits second-parent adoption by an unmarried non-birth parent.<ref>{{Cite web |title=Same-sex couple sues Nebraska to be recognized as legal parents |url=https://www.nbcnews.com/nbc-out/out-news/-sex-couple-sues-nebraska-recognized-legal-parents-rcna2663 |access-date=2021-12-01 |website=NBC News |language=en}}</ref><ref>{{Cite web |date=October 4, 2021 |title=Porterfield, Williams, Williams and Williams v. Dept. of Health and Human Services: Complaint for declaratory judgment and injunctive relief |url=https://www.aclunebraska.org/sites/default/files/porterfield_williams_complaint.pdf |url-status=dead |archive-url=https://web.archive.org/web/20211004150821/https://www.aclunebraska.org/sites/default/files/porterfield_williams_complaint.pdf |archive-date=2021-10-04 |access-date=November 25, 2024}}</ref>

{{As of|2024}}, Nebraska law says that "any minor child may be adopted by any adult person or persons", though it references ''In re Adoption of Luke''.<ref>{{Cite web |title=43-101. Children eligible for adoption. |url=https://nebraskalegislature.gov/laws/statutes.php?statute=43-101 |access-date=November 25, 2024 |website=Nebraska Legislature}}</ref><ref>{{Cite web |last=Buckner |first=Susan |date=November 14, 2024 |title=Nebraska Adoption Laws |url=https://www.findlaw.com/state/nebraska-law/nebraska-adoption-laws.html |access-date=2024-12-05 |website=Findlaw |language=en-US |quote=Single adults and unmarried couples can adopt, and married couples can adopt if both spouses sign the petition.}}</ref>

=== States with restrictions ===

⚫
==== Alabama ====
The [[Family Equality Council]] wrote in 2016 that second parent adoptions were unavailable in [[Alabama]].<ref name="familyequality.org" />

Nonetheless, in 2016, in [[V.L. v. E.L.|V.L. vs E.L]]., the [[The United States Supreme Court in fiction|U.S. Supreme Court]] ruled that the Full Faith and Credit Clause of the Constitution requires the Alabama state courts to recognize a Georgia state court’s adoption order.<ref>{{Cite web |title=Cases |url=https://www.oyez.org/cases/2015/15-648 |accessdate=21 January 2024 |website=oyez.org}}</ref> This followed an attempt by the [[Alabama Supreme Court]] to overturn a second parent same-sex adoption that had been validly granted by [[Georgia (U.S. state)|Georgia]].<ref name="familyequality.org">[https://www.familyequality.org/wp-content/uploads/2018/06/Alabama-LGBTQ-Family-Law-WEB.pdf Alabama LGBTQ Family Law] (November 2016) familyequality.org</ref>

[[Stepparent adoption]] is legal in Alabama.<ref name="nclrights.org">[https://www.nclrights.org/wp-content/uploads/2013/07/2PA_state_list.pdf Adoption by LGBT Parents] NCLR</ref> "[T]he first requirement to be met", said a 2022 article published by the Alabama State Bar, "is that the petitioning parties be 'husband and wife.' The adoption code makes no exception for couples living together who are not married."<ref>{{Cite web |last=Horn |first=Joshua |date=May 11, 2022 |title=FROM THE ALABAMA LAWYER: Stepparent Adoptions |url=https://www.alabar.org/news/from-the-alabama-lawyer-stepparent-adoptions/ |access-date=2024-11-25 |website=Alabama State Bar |language=en}}</ref> The law was updated in 2023 to use the phrasing "an unmarried couple may not adopt a minor" but kept the requirement of marriage.<ref>{{Cite web |title=Alabama HB101 {{!}} 2023 {{!}} Regular Session |url=https://legiscan.com/AL/bill/HB101/2023 |access-date=2024-12-05 |website=LegiScan |language=en}}</ref> Additionally, some courts have turned down requests to adopt a same-sex spouse’s child.<ref>{{Cite web |title=Alabama Adoption Laws |url=https://www.findlaw.com/state/alabama-law/alabama-adoption-laws.html |access-date=2021-12-01 |website=Findlaw |language=en-US}}</ref>

==== Kansas ====
The law says: "Any adult, or married adult couple jointly, may adopt any minor or adult as their child."<ref>{{Cite web |title=59-2113 |url=https://www.ksrevisor.org/statutes/chapters/ch59/059_021_0013.html |access-date=2024-12-02 |website=www.ksrevisor.org}}</ref>

==== North Carolina ====
In [[North Carolina]], married couples can jointly adopt if they've been married at least six months.<ref name="carolinafamilylaw.com">{{Cite web|date=2017-05-20|title=LGBT Families and the Importance of Stepparent Adoption|url=https://carolinafamilylaw.com/lgbt-families-importance-stepparent-adoption-even-youre-childs-birth-certificate/|access-date=2021-12-07|website=Haas & Associates, P.A.|language=en-US}}</ref> A biological parent's spouse can adopt their child if the other biological parent waives their parental rights. This is called a stepparent adoption.<ref>{{Cite web |title=Stepparent Adoptions vs. Second Parent Adoptions |url=https://www.attorneyreginataylor.com/stepparent-adoptions-vs-second-parent-adoptions |access-date=2021-12-07 |website=www.attorneyreginataylor.com |language=en}}</ref>

Individuals can adopt as well.<ref name="carolinafamilylaw.com" />

However, unmarried couples cannot adopt together. Second parent adoption is illegal.<ref>{{Cite web |title=Securing the Ties That Bind: Second Parent Adoption in North Carolina - Videos |url=https://www.aclu.org/securing-ties-bind-second-parent-adoption-north-carolina-videos |access-date=2021-12-07 |website=American Civil Liberties Union |language=en}}</ref>


==== Utah ====
In Alabama, while there currently is no law that explicitly prohibits second-parent adoption, some courts have turned down requests to adopt a same-sex spouse’s child.<ref>{{Cite web|title=Alabama Adoption Laws|url=https://www.findlaw.com/state/alabama-law/alabama-adoption-laws.html|access-date=2021-12-01|website=Findlaw|language=en-US}}</ref> According to the Family Equality Council, second parent adoptions are currently not available in Alabama. <ref>https://www.familyequality.org/wp-content/uploads/2018/06/Alabama-LGBTQ-Family-Law-WEB.pdf</ref>
To adopt in [[Utah]], one must either be married and have permission from their spouse (i.e., stepparent adoption) or single and not living with another person.<ref>{{Cite web |date=May 4, 2022 |title=78B-6-117. Who may adopt -- Adoption of minor. |url=https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S117.html |access-date=November 25, 2024 |website=Utah Code}}</ref><ref>{{Cite web |date=2017-11-30 |title=Adoption |url=https://www.utahlegalservices.org/node/36/adoption#MayIadopt |access-date=November 25, 2024 |website=Utah Legal Services |language=en}}</ref> Anyone cohabitating in a non-marital sexual relationship cannot adopt in Utah.<ref name="nclrights.org"/> The adoptee must also be 10 years younger than the adopter.<ref>{{cite web | title=Utah adoption act | website=Utah Legislature | date=8 September 2023 | url=https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S118.html?v=C78B-6-S118_1800010118000101 | access-date=21 January 2024}}</ref> While there is no law specifically permitting unmarried couples to adopt (i.e., second parent adoption), [[Equality Utah]] says it is possible to obtain these adoptions.<ref>{{Cite web |title=Parenting Laws {{!}} Equality Utah |url=https://www.equalityutah.org/parenting-laws |access-date=2024-11-25 |website=www.equalityutah.org}}</ref>


==See also==
==See also==
Line 286: Line 324:
*''[[X and Others v Austria]]''
*''[[X and Others v Austria]]''
*[[LGBT adoption]]
*[[LGBT adoption]]
*[[Adoption home study]]


==References==
==References==
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[[Category:Family law]]
[[Category:Family law]]
[[Category:Adoption, fostering, orphan care and displacement]]
[[Category:Adoption, fostering, orphan care and displacement]]
[[Category:LGBT rights]]
[[Category:LGBTQ rights]]


[[de:Adoption#Stiefkindadoption]]
[[de:Adoption#Stiefkindadoption]]

Latest revision as of 13:25, 6 December 2024

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The second-parent adoption or co-parent adoption is a process by which a partner, who is not biologically related to the child, 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]

Second-parent adoption is relevant in the context of LGBTQ+ 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] According to the NCLR, second parent adoption is the most common means by which LGBTQ+ non-biological parents establish a legal relationship with their child.[3]

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.[citation needed] According to the NCLR, it is legally advisable for LGBTQ+ parents to get an adoption or parentage judgment to ensure that their parental rights are fully protected in every state.[3]

The American Medical Association (AMA) supported second parent adoption by same-sex partners,[4] stating that lack of formal recognition can cause health-care disparities for children of same-sex parents.[citation needed] The American Academy of Pediatrics also supports second parent adoption.[5][6] The American Academy of Child and Adolescent Psychiatry says they oppose all discrimination based on sexual orientation or gender identity regarding custodial, foster, or adoptive rights.[7] The American Bar Association supports second parent adoptions by unmarried persons, saying it is in the best interest of the child.[7]

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.[6][8] In the context of LGBTQ+ 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.[9][10]

An adoption home study must be completed for any second-parent wanting to adopt. The adoption home study process ensures that the child is placed in a home that will best suit their needs. This process is dependent upon the state in which the adoption will take place.[11]

United States

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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.[12] Also suggested is gathering evidence to prove you are a family.[12]

Note that where second parent adoption is illegal, it is illegal for both different sex and same-sex couples.[3]

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 and no same-sex marriage
  Same-sex marriage but adoption by married same-sex couples not allowed
U.S. States Is second-parent adoption legal for married couples? Is second-parent adoption legal for unmarried and/or domestic partners (whether same-sex or opposite-sex)?[1] Are same-sex couples explicitly granted 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 Yes 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 Yes
Washington Yes Yes Yes (in certain counties)
West Virginia Yes Yes Yes (in certain counties)
Wisconsin Yes No No
Wyoming Yes Yes No

States that allow second-parent adoption

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California

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In 2014, California enacted the Modern Family Act. Assembly Bill 2344 became Section 9000.5 of the Family Code. It speeds up the second-parent adoption process for couples that include the child's birth mother or parent who used a gestational surrogate.[13]

Nebraska

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In Nebraska, any single adult, stepparent, or married couple may adopt.[14][15]

In a 2002 court case, In re Adoption of Luke, 263 Neb. 365, the Supreme Court of Nebraska ruled that a biological parent's unmarried partner could not adopt their child in a second parent adoption.[16]

In 2021, an unmarried lesbian couple sued Nebraska's health department for not allowing both of them to be on their son's birth certificate. The Nebraska Department of Health and Human Services denied their request. They stated that the only routes to legal parenthood are marriage, adoption, or biological relationship. According to the lawsuit, Nebraska case law prohibits second-parent adoption by an unmarried non-birth parent.[17][18]

As of 2024, Nebraska law says that "any minor child may be adopted by any adult person or persons", though it references In re Adoption of Luke.[19][20]

States with restrictions

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Alabama

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The Family Equality Council wrote in 2016 that second parent adoptions were unavailable in Alabama.[21]

Nonetheless, in 2016, in V.L. vs E.L., the U.S. Supreme Court ruled that the Full Faith and Credit Clause of the Constitution requires the Alabama state courts to recognize a Georgia state court’s adoption order.[22] This followed an attempt by the Alabama Supreme Court to overturn a second parent same-sex adoption that had been validly granted by Georgia.[21]

Stepparent adoption is legal in Alabama.[23] "[T]he first requirement to be met", said a 2022 article published by the Alabama State Bar, "is that the petitioning parties be 'husband and wife.' The adoption code makes no exception for couples living together who are not married."[24] The law was updated in 2023 to use the phrasing "an unmarried couple may not adopt a minor" but kept the requirement of marriage.[25] Additionally, some courts have turned down requests to adopt a same-sex spouse’s child.[26]

Kansas

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The law says: "Any adult, or married adult couple jointly, may adopt any minor or adult as their child."[27]

North Carolina

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In North Carolina, married couples can jointly adopt if they've been married at least six months.[28] A biological parent's spouse can adopt their child if the other biological parent waives their parental rights. This is called a stepparent adoption.[29]

Individuals can adopt as well.[28]

However, unmarried couples cannot adopt together. Second parent adoption is illegal.[30]

Utah

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To adopt in Utah, one must either be married and have permission from their spouse (i.e., stepparent adoption) or single and not living with another person.[31][32] Anyone cohabitating in a non-marital sexual relationship cannot adopt in Utah.[23] The adoptee must also be 10 years younger than the adopter.[33] While there is no law specifically permitting unmarried couples to adopt (i.e., second parent adoption), Equality Utah says it is possible to obtain these adoptions.[34]

See also

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References

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  1. ^ a b c d "Legal Recognition of LGBT Families" (PDF). Retrieved January 21, 2024.
  2. ^ "NCLR - Adoption by Lesbian, Gay, and Bisexual Parents: An Overview of Current Law". Archived from the original on April 11, 2004. Retrieved December 11, 2017.
  3. ^ a b c Legal recognition of LGBT families NCLR
  4. ^ "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 October 19, 2013. Retrieved March 16, 2013.
  5. ^ American Academy Of, Pediatrics (August 2009). "Policy Statement—AAP publications retired and reaffirmed". Pediatrics. 124 (2): 845. doi:10.1542/peds.2009-1415. PMID 19651598. S2CID 34222261.
  6. ^ a b "Confronting Homophobia in Europe" (PDF). Retrieved October 10, 2013.
  7. ^ a b "Professional Organizations on LGBTQ Parenting". HRC. Retrieved December 7, 2021.
  8. ^ "First Adoption by Gay Partner of Child's Parent". www.sloveniatimes.com. Archived from the original on March 8, 2019. Retrieved February 26, 2017.
  9. ^ "Same Sex, Same Entitlements". Human Rights and Equal Opportunity Commission. Retrieved May 13, 2008.
  10. ^ "Is second parent adoption possible in Australia?". Gay & Lesbian Rights Lobby. Archived from the original on July 19, 2008. Retrieved May 13, 2008.
  11. ^ "The Adoption Home Study Process". Child Welfare Information Gateway. Retrieved December 19, 2021.
  12. ^ a b Campaign, Human Rights. "Second Parent Adoption". Human Rights Campaign. Retrieved December 6, 2018.
  13. ^ "California Code, FAM 9000.5". leginfo.legislature.ca.gov. Retrieved December 2, 2024.
  14. ^ "Nebraska Adoption Laws and Policies | Adoptive Families". Adoptive Families. Retrieved November 25, 2024.
  15. ^ "Guidance on same-sex couples adopting | OutNebraska". outnebraska.org. Retrieved December 1, 2021.
  16. ^ "In re Adoption of Luke, 263 Neb. 365 | Casetext Search + Citator". casetext.com. March 8, 2002. Retrieved November 25, 2024. We have held that in a private adoption case where the prospective adoptive parent was not a spouse of the biological parent, there must be a relinquishment by the biological parent and the relinquishment must be valid in order for the child to become eligible for adoption.
  17. ^ "Same-sex couple sues Nebraska to be recognized as legal parents". NBC News. Retrieved December 1, 2021.
  18. ^ "Porterfield, Williams, Williams and Williams v. Dept. of Health and Human Services: Complaint for declaratory judgment and injunctive relief" (PDF). October 4, 2021. Archived from the original (PDF) on October 4, 2021. Retrieved November 25, 2024.
  19. ^ "43-101. Children eligible for adoption". Nebraska Legislature. Retrieved November 25, 2024.
  20. ^ Buckner, Susan (November 14, 2024). "Nebraska Adoption Laws". Findlaw. Retrieved December 5, 2024. Single adults and unmarried couples can adopt, and married couples can adopt if both spouses sign the petition.
  21. ^ a b Alabama LGBTQ Family Law (November 2016) familyequality.org
  22. ^ "Cases". oyez.org. Retrieved January 21, 2024.
  23. ^ a b Adoption by LGBT Parents NCLR
  24. ^ Horn, Joshua (May 11, 2022). "FROM THE ALABAMA LAWYER: Stepparent Adoptions". Alabama State Bar. Retrieved November 25, 2024.
  25. ^ "Alabama HB101 | 2023 | Regular Session". LegiScan. Retrieved December 5, 2024.
  26. ^ "Alabama Adoption Laws". Findlaw. Retrieved December 1, 2021.
  27. ^ "59-2113". www.ksrevisor.org. Retrieved December 2, 2024.
  28. ^ a b "LGBT Families and the Importance of Stepparent Adoption". Haas & Associates, P.A. May 20, 2017. Retrieved December 7, 2021.
  29. ^ "Stepparent Adoptions vs. Second Parent Adoptions". www.attorneyreginataylor.com. Retrieved December 7, 2021.
  30. ^ "Securing the Ties That Bind: Second Parent Adoption in North Carolina - Videos". American Civil Liberties Union. Retrieved December 7, 2021.
  31. ^ "78B-6-117. Who may adopt -- Adoption of minor". Utah Code. May 4, 2022. Retrieved November 25, 2024.
  32. ^ "Adoption". Utah Legal Services. November 30, 2017. Retrieved November 25, 2024.
  33. ^ "Utah adoption act". Utah Legislature. September 8, 2023. Retrieved January 21, 2024.
  34. ^ "Parenting Laws | Equality Utah". www.equalityutah.org. Retrieved November 25, 2024.
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