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Adoption Ask Our attorneys field your questions on the issues that matter to you most. By Staff Attorney Beth Littrell

My partner and I have been As with joint , it’s Q together for some time and are important to hire a -law considering having a family. Is it legal for attorney to help you and your us to adopt in any state? Are there other partner petition for the important legal considerations we should and draw up an agreement, bear in mind? or help you get a court order, that sets out parenting and Courts increasingly recognize that the custodial rights in the event A of parents has no that you split up. As in several bearing on the well-being of children. However, recent custody-dispute cases because adoption has yet to be recognized as a involving same-sex couples, an constitutional right, the ability for LGBT people ex-partner may move to a state and couples to adopt can vary from state to state. whose laws discriminate against same-sex couples or otherwise Joint adoption. For couples who are not move to invalidate the other having a child biologically, joint adoption might be partner’s rights. These actions an option. While some states expressly allow joint create harmful precedent that adoptions by same-sex couples and a few states hurts our community for years. do not, most state laws are unclear as to whether We encourage everyone to judges may grant a joint adoption to an unmarried Couples should take legal steps to protect their parental rights. protect the of their or same-sex couple. It is important to involve a children and show respect for family-law attorney throughout this process, not married, in a or registered as domestic LGBT —even through only to help formalize your parental relationship partners, and one of you has a child, second-parent the dissolution of their adult relationships—by with your child, but also to explain any risks and adoption is an important tool to make sure you’re avoiding litigation that seeks to deny their children to plan a parenting and custody agreement in the both legally recognized as parents. Many states a relationship with their other parent. event you break up. require the biological parent to terminate his or her Interstate invalidity: In addition to Parental presumption: parental rights before another, unmarried adult If you and your the possibility of a breakup and custody dispute, can adopt. This, Lambda Legal has repeatedly partner are married, in a civil union or registered disparities in state law can come into play if argued, would lead to the absurd result of denying as domestic partners and a child is born who is same-sex parents travel or move to other states biologically related to one of you, your state may many children of same-sex parents two legal parents. Such children would also be vulnerable where their parental rights are less clear. Non- automatically and legally recognize the parental biological parents should seek to formalize their rights of the non-biological partner (called a to losing their non-biological parent in the event of a break-up or the death of their biological parental relationship to their child through any presumption of parenthood—reinforced recently parent. Whether judges in your state will grant a means available, even if the state where they live in Iowa in a case led by Lambda Legal, Gartner v. second-parent adoption, and whether it would be recognizes their parental relationship as a result of Newton). However, because other states have laws upheld if challenged, are state-specific questions their relationship to each other. Options include barring same-sex couples from , problems that, unfortunately, cannot always be answered adoption, court orders (e.g. establishing parentage can arise where legal parentage is only gained with certainty based on the evolving law in this or ) and agreements regarding through presumption of parenthood. We suggest area in many states. Although some state courts parental status. Protections for LGBT families non-biological parents also adopt their children have ruled that second-parent adoptions are not remain a state-by-state battle, and Lambda Legal through a second-parent or step-parent adoption. available to same-sex couples, many state courts is fighting for families in all states. Second-parent adoption: This (and every other child welfare organization) have If you need further information process allows a non-biological parent to adopt agreed with Lambda Legal that adoption laws or encounter in your efforts to adopt or formalize parental rights: call while preserving the parental rights of the should be construed to protect the best interest of Lambda Legal’s Legal Help Desk at 866-542- biological parent. If you and your partner are not the child. 8336 or visit www.lambdalegal.org/help-form

6 LAMBDA LEGAL IMPACT | Winter 2012