Second-parent adoption
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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]
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.[citation needed] 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.[citation needed] 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]
| 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
- ^ a b c d "Legal Recognition of LGBT Families" (PDF).
- ^ "Archived copy". Archived from the original on 2008-05-17. Retrieved 2017-12-11.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ "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.
- ^ "Policy Statement—AAP publications retired and reaffirmed". Pediatrics. 124 (2): 845. August 2009. doi:10.1542/peds.2009-1415. PMID 19651598.
- ^ a b "Confronting Homophobia in Europe" (PDF). Retrieved 2013-10-10.
- ^ "First Adoption by Gay Partner of Child's Parent". www.sloveniatimes.com. Archived from the original on 2019-03-08. Retrieved 2017-02-26.
- ^ "Same Sex, Same Entitlements". Human Rights and Equal Opportunity Commission. Retrieved 13 May 2008.
- ^ "Is second parent adoption possible in Australia?". Gay & Lesbian Rights Lobby. Archived from the original on 19 July 2008. Retrieved 13 May 2008.
- ^ a b Campaign, Human Rights. "Second Parent Adoption". Human Rights Campaign. Retrieved 2018-12-06.