second-parent adoption
{{Short description|Type of adoption used by a stepparent}}
{{Use mdy dates|date=June 2022}}
{{LGBTQ sidebar|rights}}
The second-parent adoption or co-parent adoption is a process by which a partner, who is not biologically related to the child, 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.{{Cite web|url=http://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf|title=Legal Recognition of LGBT Families|accessdate=21 January 2024}}
Second-parent adoption is relevant in the context of LGBTQ+ 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.{{Cite web |url=http://www.nclrights.org/publications/adptn0204.htm |archive-url=https://web.archive.org/web/20040411235923/http://www.nclrights.org/publications/adptn0204.htm |access-date=2017-12-11 |archive-date=2004-04-11 |title=NCLR - Adoption by Lesbian, Gay, and Bisexual Parents: An Overview of Current Law }} The NCLR offers a legal guide that covers the basics of second-parent adoption. According to the NCLR, second parent adoption is the most common means by which LGBTQ+ non-biological parents establish a legal relationship with their child.
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|date=April 2020}} According to the NCLR, it is legally advisable for LGBTQ+ parents to get an adoption or parentage judgment to ensure that their parental rights are fully protected in every state.[https://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf Legal recognition of LGBT families] NCLR
The American Medical Association (AMA) supported second parent adoption by same-sex partners,{{cite web|url=http://www.ama-assn.org/ama/pub/about-ama/our-people/member-groups-sections/glbt-advisory-committee/ama-policy-regarding-sexual-orientation.shtml|title=H-60.940 Partner Co-Adoption, H-65.973 Health Care Disparities in Same-Sex Partner Households "AMA Policy regarding sexual orientation"|publisher=Ama-assn.org|archive-url=https://web.archive.org/web/20131019042918/http://www.ama-assn.org/ama/pub/about-ama/our-people/member-groups-sections/glbt-advisory-committee/ama-policy-regarding-sexual-orientation.page|archive-date=19 October 2013|url-status=dead|access-date=16 March 2013}} stating that lack of formal recognition can cause health-care disparities for children of same-sex parents.{{citation needed|date=April 2020}} The American Academy of Pediatrics also supports second parent adoption.{{cite journal|date=August 2009|title=Policy Statement—AAP publications retired and reaffirmed|url=http://pediatrics.aappublications.org/cgi/pmidlookup?view=long&pmid=19651598|journal=Pediatrics|volume=124|issue=2|pages=845|doi=10.1542/peds.2009-1415|pmid=19651598|doi-access=|last1=American Academy Of |first1=Pediatrics |s2cid=34222261 |url-access=subscription}}{{cite web|url=http://www.policy.hu/takacs/pdf-lib/Confronting_Homophobia_in_Europe-the_book.pdf|title=Confronting Homophobia in Europe|date=|access-date=2013-10-10}} The American Academy of Child and Adolescent Psychiatry says they oppose all discrimination based on sexual orientation or gender identity regarding custodial, foster, or adoptive rights. The American Bar Association supports second parent adoptions by unmarried persons, saying it is in the best interest of the child.{{Cite web|title=Professional Organizations on LGBTQ Parenting|url=https://www.hrc.org/resources/professional-organizations-on-lgbt-parenting|access-date=2021-12-07|website=HRC|language=en-US}}
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.{{cite web|url=http://www.sloveniatimes.com/first-adoption-by-gay-partner-of-child-s-parent|title=First Adoption by Gay Partner of Child's Parent|last=|first=|date=|website=www.sloveniatimes.com|language=|access-date=2017-02-26|archive-date=2019-03-08|archive-url=https://web.archive.org/web/20190308190823/http://www.sloveniatimes.com/first-adoption-by-gay-partner-of-child-s-parent|url-status=dead}} In the context of LGBTQ+ 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.{{cite web|url=http://www.humanrights.gov.au/human_rights/samesex/report/Ch_5.html|title=Same Sex, Same Entitlements|publisher=Human Rights and Equal Opportunity Commission|access-date=13 May 2008}}{{cite web|url=http://www.glrl.org.au/issues/relationship_qa.htm#Q4_1|title=Is second parent adoption possible in Australia?|publisher=Gay & Lesbian Rights Lobby|archive-url=https://web.archive.org/web/20080719183625/http://www.glrl.org.au/issues/relationship_qa.htm%23Q4_1|archive-date=19 July 2008|url-status=dead|access-date=13 May 2008}}
An adoption home study must be completed for any second-parent wanting to adopt. The adoption home study process ensures that the child is placed in a home that will best suit their needs. This process is dependent upon the state in which the adoption will take place.{{cite web |title=The Adoption Home Study Process |url=https://www.childwelfare.gov/pubs/f-homstu/ |website=Child Welfare Information Gateway |access-date=19 December 2021}}
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.{{Cite web|url=http://www.hrc.org/resources/second-parent-adoption/|title=Second Parent Adoption|last=Campaign|first=Human Rights|website=Human Rights Campaign|language=en|access-date=2018-12-06}} Also suggested is gathering evidence to prove you are a family.
Note that where second parent adoption is illegal, it is illegal for both different sex and same-sex couples.[[File:World same-sex adoption laws.svg|right|thumb|300px|Legal status of adoption by same-sex couples around the world:
{{legend|#800080|Joint adoption allowed}}
{{legend|#ba75ff|Second-parent adoption allowed}}
{{legend|#CCCCCC|No laws allowing adoption by same-sex couples and no same-sex marriage}}
{{legend|#E4D69D|Same-sex marriage but adoption by married same-sex couples not allowed}}]]
= States that allow second-parent adoption =
== California ==
In 2014, California enacted the Modern Family Act. Assembly Bill 2344 became Section 9000.5 of the Family Code. It speeds up the second-parent adoption process for couples that include the child's birth mother or parent who used a gestational surrogate.{{Cite web |title=California Code, FAM 9000.5. |url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=9000.5.&lawCode=FAM |access-date=2024-12-02 |website=leginfo.legislature.ca.gov}}
== Nebraska ==
In Nebraska, any single adult, stepparent, or married couple may adopt.{{Cite web |title=Nebraska Adoption Laws and Policies {{!}} Adoptive Families |url=https://www.adoptivefamilies.com/how-to-adopt/nebraska-adoption-laws-and-policies/ |access-date=November 25, 2024 |website=Adoptive Families |date=June 26, 2014 |language=en-US}}{{Cite web |title=Guidance on same-sex couples adopting {{!}} OutNebraska |url=https://outnebraska.org/guidance-on-same-sex-couples-adopting/ |access-date=2021-12-01 |website=outnebraska.org}}
In a 2002 court case, In re Adoption of Luke, 263 Neb. 365, the Supreme Court of Nebraska ruled that a biological parent's unmarried partner could not adopt their child in a second parent adoption.{{Cite web |date=March 8, 2002 |title=In re Adoption of Luke, 263 Neb. 365 {{!}} Casetext Search + Citator |url=https://casetext.com/case/in-re-adoption-of-luke |access-date=2024-11-25 |website=casetext.com |quote=We have held that in a private adoption case where the prospective adoptive parent was not a spouse of the biological parent, there must be a relinquishment by the biological parent and the relinquishment must be valid in order for the child to become eligible for adoption.}}
In 2021, an unmarried lesbian couple sued Nebraska's health department for not allowing both of them to be on their son's birth certificate. The Nebraska Department of Health and Human Services denied their request. They stated that the only routes to legal parenthood are marriage, adoption, or biological relationship. According to the lawsuit, Nebraska case law prohibits second-parent adoption by an unmarried non-birth parent.{{Cite web |title=Same-sex couple sues Nebraska to be recognized as legal parents |url=https://www.nbcnews.com/nbc-out/out-news/-sex-couple-sues-nebraska-recognized-legal-parents-rcna2663 |access-date=2021-12-01 |website=NBC News |date=October 8, 2021 |language=en}}{{Cite web |date=October 4, 2021 |title=Porterfield, Williams, Williams and Williams v. Dept. of Health and Human Services: Complaint for declaratory judgment and injunctive relief |url=https://www.aclunebraska.org/sites/default/files/porterfield_williams_complaint.pdf |url-status=dead |archive-url=https://web.archive.org/web/20211004150821/https://www.aclunebraska.org/sites/default/files/porterfield_williams_complaint.pdf |archive-date=2021-10-04 |access-date=November 25, 2024}}
{{As of|2024}}, Nebraska law says that "any minor child may be adopted by any adult person or persons", though it references In re Adoption of Luke.{{Cite web |title=43-101. Children eligible for adoption. |url=https://nebraskalegislature.gov/laws/statutes.php?statute=43-101 |access-date=November 25, 2024 |website=Nebraska Legislature}}{{Cite web |last=Buckner |first=Susan |date=November 14, 2024 |title=Nebraska Adoption Laws |url=https://www.findlaw.com/state/nebraska-law/nebraska-adoption-laws.html |access-date=2024-12-05 |website=Findlaw |language=en-US |quote=Single adults and unmarried couples can adopt, and married couples can adopt if both spouses sign the petition.}} A bill introduced in January 2025 proposes amending the law to require the original parent to give consent that states specifically that they, as sole legal parent, want "the child or adult child to be adopted by a second adult person."{{Cite web |date=January 9, 2025 |title=LB70 |url=https://nebraskalegislature.gov/FloorDocs/109/PDF/Intro/LB70.pdf |access-date=March 19, 2025 |website=nebraskalegislature.gov}}
= States with restrictions =
== Alabama ==
The Family Equality Council wrote in 2016 that second parent adoptions were unavailable in Alabama.
Nonetheless, in 2016, in V.L. vs E.L., the U.S. Supreme Court ruled that the Full Faith and Credit Clause of the Constitution requires the Alabama state courts to recognize a Georgia state court’s adoption order.{{Cite web |title=Cases |url=https://www.oyez.org/cases/2015/15-648 |accessdate=21 January 2024 |website=oyez.org}} This followed an attempt by the Alabama Supreme Court to overturn a second parent same-sex adoption that had been validly granted by Georgia.[https://www.familyequality.org/wp-content/uploads/2018/06/Alabama-LGBTQ-Family-Law-WEB.pdf Alabama LGBTQ Family Law] (November 2016) familyequality.org
Stepparent adoption is legal in Alabama.[https://www.nclrights.org/wp-content/uploads/2013/07/2PA_state_list.pdf Adoption by LGBT Parents] NCLR "[T]he first requirement to be met", said a 2022 article published by the Alabama State Bar, "is that the petitioning parties be 'husband and wife.' The adoption code makes no exception for couples living together who are not married."{{Cite web |last=Horn |first=Joshua |date=May 11, 2022 |title=FROM THE ALABAMA LAWYER: Stepparent Adoptions |url=https://www.alabar.org/news/from-the-alabama-lawyer-stepparent-adoptions/ |access-date=2024-11-25 |website=Alabama State Bar |language=en}} The law was updated in 2023 to use the phrasing "an unmarried couple may not adopt a minor" but kept the requirement of marriage.{{Cite web |title=Alabama HB101 {{!}} 2023 {{!}} Regular Session |url=https://legiscan.com/AL/bill/HB101/2023 |access-date=2024-12-05 |website=LegiScan |language=en}} Additionally, some courts have turned down requests to adopt a same-sex spouse’s child.{{Cite web |title=Alabama Adoption Laws |url=https://www.findlaw.com/state/alabama-law/alabama-adoption-laws.html |access-date=2021-12-01 |website=Findlaw |language=en-US}}
== Kansas ==
The law says: "Any adult, or married adult couple jointly, may adopt any minor or adult as their child."{{Cite web |title=59-2113 |url=https://www.ksrevisor.org/statutes/chapters/ch59/059_021_0013.html |access-date=2024-12-02 |website=www.ksrevisor.org}}
== North Carolina ==
In North Carolina, married couples can jointly adopt if they've been married at least six months.{{Cite web|date=2017-05-20|title=LGBT Families and the Importance of Stepparent Adoption|url=https://carolinafamilylaw.com/lgbt-families-importance-stepparent-adoption-even-youre-childs-birth-certificate/|access-date=2021-12-07|website=Haas & Associates, P.A.|language=en-US}} A biological parent's spouse can adopt their child if the other biological parent waives their parental rights. This is called a stepparent adoption.{{Cite web |title=Stepparent Adoptions vs. Second Parent Adoptions |url=https://www.attorneyreginataylor.com/stepparent-adoptions-vs-second-parent-adoptions |access-date=2021-12-07 |website=www.attorneyreginataylor.com |language=en}}
Individuals can adopt as well.
However, unmarried couples cannot adopt together. Second parent adoption is illegal.{{Cite web |title=Securing the Ties That Bind: Second Parent Adoption in North Carolina - Videos |url=https://www.aclu.org/securing-ties-bind-second-parent-adoption-north-carolina-videos |access-date=2021-12-07 |website=American Civil Liberties Union |language=en}}
== Utah ==
To adopt in Utah, one must either be married and have permission from their spouse (i.e., stepparent adoption) or single and not living with another person.{{Cite web |date=May 4, 2022 |title=78B-6-117. Who may adopt -- Adoption of minor. |url=https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S117.html |access-date=November 25, 2024 |website=Utah Code}}{{Cite web |date=2017-11-30 |title=Adoption |url=https://www.utahlegalservices.org/node/36/adoption#MayIadopt |access-date=November 25, 2024 |website=Utah Legal Services |language=en}} Anyone cohabitating in a non-marital sexual relationship cannot adopt in Utah. The adoptee must also be 10 years younger than the adopter.{{cite web | title=Utah adoption act | website=Utah Legislature | date=8 September 2023 | url=https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S118.html?v=C78B-6-S118_1800010118000101 | access-date=21 January 2024}} While there is no law specifically permitting unmarried couples to adopt (i.e., second parent adoption), Equality Utah says it is possible to obtain these adoptions.{{Cite web |title=Parenting Laws {{!}} Equality Utah |url=https://www.equalityutah.org/parenting-laws |access-date=2024-11-25 |website=www.equalityutah.org}}