For LGBT couples and individuals, adoption in it's many forms is a viable way to build a family. Adoption laws vary by state and change quickly. Listed below is information on the various forms of adoption that you might wish to consider and also a listing of the laws in a state to state guide. As legislation is ever changing, it is important that you verify the laws in your own particular state of residence as well as in the state you will be adopting from with an attorney who is well versed in adoption law prior to pursuing next steps.
Types of Adoption/Guardianship:
- Single (Individual) Parent 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 placed 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. Second-parent adoption is a viable option for gay and lesbian couples that reside in states that do not allow joint same-sex adoption. - Step-parent (Domestic Partner) Adoption
When a child is already living with both same-sex parents, step-parent, or domestic partner, step parent or domestic partner adoption can be filed. - Guardianship
When same-sex or gay parent adoption isn't an option, parents can protect their families by applying for guardianship. Guardianship, however, 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 responsibility for the foster child's care while the State maintains all legal guardianship of the child. Adoption transfers legal responsibility and care over to the adoptive parents.
Adoption Law State by State Guide
- Alabama
- 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
Arkansas Act One prohibits unmarried couples (both same sex and opposite sex) from adopting or fostering children. More on Act One - 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. (read more) - 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
- 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. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear. - 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.
Sources:
About.com
Human Rights Campaign
AP Photo
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