Legal Procedures for Adoption by Same-Sex Couples

Adoption is a way for same-sex couples to experience the rewarding journey of parenthood while helping a child in need. Parenthood can transform the lives of all involved. Adoption requires the adoptive parents to understand and navigate many legal requirements.

This guide answers some of the most frequently asked questions regarding same-sex couples who want to adopt. Experienced adoption lawyers are always the best resource for same-sex couples considering adoption. They will know the adoption laws and how they apply to same-sex parents.

Can Same-Sex Couples Adopt Children?

Yes. All states in the United States have made same-sex adoption legal. At its most simple, this means that if you are a same-sex couple, you have the right to adopt a child. Different states will have different specific requirements and varying procedures. If you plan to adopt internationally, the foreign country from which you intend to adopt will likely have additional requirements and guidelines. 

What Are the Legal Procedures for Adoption by Same-Sex Couples?

Legal procedures for same-sex couple adoptions are like the procedures for heterosexual couples. They usually involve the following steps:

1. Talk to an attorney: Consult a local adoption attorney to learn the requirements for adoption in your state. This includes the costs and fees, avenues to secure the type of adoption you want, and general legal advice.
2. Choose an adoption agency: Find and work with an agency that provides adoption services and supports same-sex adoption. An experienced local family law attorney can help you with this.
3. Complete a home study: Certain agencies must always interview prospective parents. They must interview you, visit your home, do background checks, and interview friends and co-workers to assess your suitability as a parent.
4. Find a match: The agency will match you with a child. The length between approval and matching will depend on several factors. This includes whether you are seeking a domestic or international adoption and whether you want a newborn or a foster care adoption.
5. Take the child home: You bring the child home shortly after birth.
6. Finalize the adoption: A lawyer will help you complete all the legal paperwork and legal filings for the legalization of the adoption. A lawyer will also represent you when you go to court, and a judge will finalize the adoption. 

Again, the specifics of these family law procedures will vary from state to state, but the above list generally outlines the process. 

What Are the Qualifications To Adopt a Same-Sex Couple?

Qualifications may vary from state to state, but the usual requirements for adopting a baby include:  

• You must be a legal adult (usually 18 or 21 years old, depending on the state).
• Financially stable and, if traveling overseas, able to afford the travel costs.
• In good mental and physical health.
• Prepared to provide a nurturing and loving home. 

Some states or private adoption agencies may have additional requirements. 

How Long Does the Adoption Process Take for Same-Sex Couples?

Adoption for same-sex couples and adoption in general can take anywhere from a few months to a few years. The length of time depends on a few factors. 

• Domestic adoptions usually take less time than international adoptions.
• Adopting from foster care usually takes less time than adopting a newborn. 
• A family law attorney who knows the process and procedures can help facilitate the adoption and do things more efficiently. 

An experienced adoption attorney can also support you and see that your adoption rights are upheld.  

What Are the Costs of Adoption for Same-Sex Couples?

Adoption costs for same-sex couples are the same as the adoption costs for heterosexual couples. The costs can range from minimal administrative fees for a foster care adoption to up to $100,000 for international adoptions.

The costs for an adoption can include agency fees, legal fees, home visits, and travel costs. In addition, new parents must equip their home with all the necessary baby furniture, strollers, diapers, and other expenses. 

What Are the Different Types of Adoption Available to Same-Sex Couples?

Same-sex couples have the same options as heterosexual couples when it comes to types of adoption. Those include:

• Domestic infant adoption: You adopt a newborn baby through an agency or attorney in the United States. This includes surrogacy, though laws surrounding surrogacy and protections for adoptive parents vary.
• Foster care adoption: This is when you adopt a child currently living in a foster home from the U.S. foster care system. Foster care adoptions may require a court ruling or court decision regarding the rights of the birth parents.
• International adoption is when you adopt a child from another country. This means you must obey that country’s laws regarding adoption as well as United States immigration laws.
• Second-parent adoption: This is when a person adopts their partner’s biological child, step-child, or adopted child. 

Every type of adoption will have its own costs, procedures, and timeframes. Similarly, the rights of a biological parent depend on the type of adoption, along with many other factors.

What Resources Are Available to Same-Sex Couples Who Are Considering Adoption?

Several resources can help you in your adoption journey:

• Your lawyer: Lawyers specializing in adoption—or even same-sex adoption—will guide you through the legal procedures and provide support, letting you know your legal rights, parental rights, and relevant state laws.
• LGBTQ+ friendly adoption agencies: Some agencies specialize in serving gay couples in LGBTQ+ adoption.
• Support groups: Whether online or in your community, joining a support group for and with other same-sex couples who have adopted will provide advice and support.
• Online resources: Groups, websites, adoptive families online forums, and personal blogs of same-sex couples who have adopted can also be helpful.

What Are the Legal Considerations for Same-Sex Couples Adopting Internationally?

Different states of the United States have unique rules and regulations. Different countries will also have different laws and procedures. International adoption will require you to obey and navigate the laws of two countries—the United States and the country from which you are adopting.

Some countries do not permit same-sex couple adoption. You will also need to navigate the United States immigration laws for your foreign-born adoptive child to live in the United States. There are several different procedures, options, and considerations facing a same-sex couple adopting a child. The important thing is finding the support you need. The best source of legal support is an experienced adoption attorney.