Can Same Sex Couples Adopt?

Adopting a child is an incredible moment of life. If you are considering this adventure, and you are in a same-sex relationship, you may be thrilled by the idea of bringing home a baby to love, while nervous about the adoption process. It can be overwhelming to go through the adoption journey as an LGBTQIA+ parent, but the truth is that every responsible adult deserves the chance to experience the joy and love that come with parenthood.

You can breathe a sigh of relief because: Yes, same sex couples can adopt. Adoptions With Love is proud to support your right to adopt and has been successfully working with same-sex couples for many years. We can help you grow your family through adoption. Families are made from love, not DNA. We can help you step into parenthood and walk you through the adoption process – every step of the way. This guide can offer some information as you embark on this incredible journey to parenthood.

Legal Rights to Adopt for Same-Sex Couples

There are federal protections in place to protect LGBTQIA+ individuals’ right to adopt in all 50 U.S. states. Married same-sex couples typically have the same federal adoption rights as opposite-sex couples. There is some important history and state-by-state regulations that you may want to learn about. Here is a brief breakdown of those two factors.

How Marriage Equality Changed Adoption Access

Marriage equality was an important factor in the progressive move to make adoption accessible for all Americans. In 2015, the historic Obergefell v. Hodges decision and subsequent 2017 rulings paved the way for responsible, loving adults to marry their partner and, in turn, grow their families. The landmark decision by the U.S. Supreme Court in 2015 was a game-changer for adoption access among the LGBTQIA+ community. These rulings struck down discriminatory state bans, allowing LGBTQIA+ couples to adopt and be officially listed on birth certificates in all 50 states. The shift from limited access to nationwide joint adoption brought about several specific and localized improvements.

State-by-State Considerations

While adoption is legal in all 50 states for same-sex couples, there are some minor stipulations to know. Some jurisdictions allow state-funded or private adoption agencies to deny adoption services to prospective parents based on religious objections.

There are a few states – including Arizona and Utah – that maintain foster or adoption policies that give legal preference to “a married man and woman,” making it more difficult for same-sex couples to foster or adopt a child. On the flip side, there are other states such as Massachusetts and California, which do not allow discrimination in foster care based on sexual orientation or gender identity.

How Common Is Adoption Among Same-Sex Couples?

Adoption is very popular among the LGBTQIA+ community. In fact, there are statistics that show it is more common than it is for straight and cisgender families. Research shows that 21 percent of same-sex couples with children have adopted, compared to 3 percent of opposite-sex couples with children.

Types of Adoption Available to Same-Sex Couples

Adoption is a positive pathway to parenthood. There are a few choices when it comes to the types of adoptions available. International adoption can be a complicated process, and laws vary in foreign countries regarding LGBTQIA+ rights. In this guide, we will share adoption agencies within the U.S.

Domestic Infant Adoption. This is the most popular choice for prospective adoptive parents who wish to adopt a newborn or infant. With a private, domestic adoption agency, there are fees for adoption services.  At Adoptions With Love, you can rely on one flat fee that covers everything within the adoption process, such as counseling services, legal support, adoption matching, and navigating open and semi-open adoption plans. This is a secure and safe pathway to parenthood.

Foster Care Adoption. Foster care is a state-run system that handles the temporary and permanent placement of children who have been removed from their homes. This can be a choice for anyone looking to adopt in a very inexpensive way. Fostering to adopt means a child – of any age under 18, based on need – lives with a family with the possibility of being adopted months or years later. This type of adoption comes with the risk of fostering a child for a time, forming a bond, and then the child returning back with their birth parents or another biological relative. This can be devastating for foster parents who have hopes of adopting.

Requirements for LGBTQ+ Adoptive Parents

The requirements for adopting as an LGBTQIA+ family are the same as opposite-sex couples. Private adoption agencies hold their own requirements for adoption, such as a minimum age. Adoptions With Love requires adoptive parents to be at least 21 years old before starting the adoption process. Every adoptive parent must complete the Home Study, and many private adoption agencies also require prospective parents to take adoption preparation courses.

The Home Study is a several-months-long process that includes multiple criminal background checks and screenings, multiple at-home visits and interviews, and the review of important medical and financial records. This ensures that each child is placed in a home that is stable and healthy enough – physically, mentally, emotionally, and financially – to raise a child.

Finding an LGBTQ-Friendly Adoption Agency

Before you begin the adoption journey, it is important to find an adoption agency that will support you every step of the way. This adoption professional should understand that, as a member of the LGBTQIA+ community, you have the right to raise a family. Look for a professional that will offer you direct, one-on-one support and the services you deserve throughout the adoption process.

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Benefits of Adoption for Same-Sex Couples

Adoption offers many benefits for all parents. It is a beautiful journey toward parenthood for anyone who does not want to – or cannot – carry and/or birth a child. It is also a wonderful way for same-sex couples to grow their family without using an egg or sperm donor. Adoption means growing a family based on love, not DNA.

Common Questions About Same-Sex Adoption

Can unmarried same-sex couples adopt together? Yes. This is possible, depending on the state in which you live. In Massachusetts, for example, same-sex couples that are unmarried can adopt jointly.

Can one partner adopt a child first? Yes, one partner may adopt first as a single individual. Once the adoption is finalized, the other partner can pursue a “second-parent adoption,” which works like a stepparent adoption.

Are LGBTQ+ adoptive parents treated differently during the process? While federal law allows LGBTQIA+ people to adopt, there can be a difference in treatment, depending on the state and adoption agency with whom you choose. This is why it is important to research adoption agencies in advance and find one that will treat you with the respect, dignity, and compassion you deserve.

Do birth parents choose the adoptive family? Yes. Birth parents have the right to choose their child’s adoptive family. At Adoptions With Love, they can browse the adoptive family profiles of those who have been approved for adoption. They can also choose to speak – or even meet with – the prospective adoptive parent(s) before making their decision.

This Pride Month: Start Your Adoption Journey

As we celebrate Pride Month, Adoptions With Love invites you to reach out to begin your adoption journey. Call us any time at 617-964-4357 or contact us online for commitment-free information. We can help you create an adoptive family profile and work with you every step of the way.