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Understanding the Rules Behind Second Parent Adoption

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Estate Planning, Employment Law, Electronic Discovery, White Collar, Business Law & Trial Attorney

Second parent adoption, or co-parent adoption, is really a procedure which means that a same sex parent can adopt a child of his or her partner. It does not matter whether the child will be the partner’s biological child or even an adopted one, under second parent adoption, the partner may become a parent without terminating the current parent’s legal status. second parent adoptions austin

Second parent adoption can be performed even if the couple are not a part of a legal relationship. If your couple is a part of a same sex marriage, or recognized civil union or domestic partnership, chances are they'll can usually adopt the little one using the stepparent adoption process in this state. However, parents will be legally recognized as a parent, not a step parent.

It is generally advisable for any non-biological parent to obtain the parentage judgement or legal adoption certificate for that child that they are raising using same-sex partner, because this will make sure that the parental rights in the couple are protected, even if they move to another state. This will be relevant even if the couple is a part of a formally recognised partnership within the state that they are currently residing in.
There are currently 14 states that allow same-sex couples that aren't married, in a domestic partnership or a civil union to do a co parent adoption or possibly a second parent adoption. Those states are Connecticut, Colorado, Idaho, California, Illinois, Maine, Nj-new jersey, Indiana, Massachusetts, Vermont, Ny, Pennsylvania, Oklahoma and the District of Columbia. 2nd parent adoption austin tx

Additionally, there are counties in some other states that have granted second parent adoptions to same sex couples which might be unmarried. This means that it can be worth seeking legal counsel even if you are not in a condition that explicitly permits such adoptions.

Laws Prohibiting Adoption By Unmarried LGBT Individuals

There are some states that have laws that prohibit adoption by an unmarried LGBT couple, however, in those states a married same sex couple will have the same rights in terms of step parent adoption every other married couple.

In Alabama, legal court of Appeals has ruled which a same sex unmarried couple may well not use the existing stepparent adoption procedure. However, in the event the couple is married chances are they'll must be permitted to use those procedures. In Arizona, married people will be given preference over single adults when adoption placements are increasingly being considered.

The Kansas Court of Appeals issued much the same ruling to the one by Alabama, and will not allow co-parent or second parent adoption by a couple that is not married. Mississippi’s statutes prohibit same sex couples from adopting a kid, however the supreme court’s adoption ruling overrides this in the event the couple is married, and requires same sex couples to be treated the same as a heterosexual couple.
Nebraska, California, Ohio and Wisconsin do not unmarried couples to try to get co-parent or second parent adoption. Utah is not going to allow anyone who is cohabiting within a sexual relationship that is not a marriage to adopt, and treats maried people preferentially over single adults when considering adoptions and placements for foster care.


Posted Oct 15, 2015 at 8:40am