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 Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...

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. Second-parent adoption is of significant importance in the context of the

LGBT adoption Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child (stepchild adoption). Joint adoption by same-sex coup ...

. In the United States, second-parent adoption was started by the

National Center for Lesbian Rights The National Center for Lesbian Rights (NCLR) is a non-profit, public interest law firm in the United States that advocates for equitable public policies affecting the lesbian, gay, bisexual, and transgender (LGBT) community, provides free legal ...

(formerly the Lesbian Rights Project) in the mid-1980s. 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 LGBT 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. 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 The

American Medical Association The American Medical Association (AMA) is a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016. The AMA's sta ...

supported second parent adoption by same-sex partner, stating that lack of formal recognition can cause health-care disparities for children of same-sex parents. The

American Academy of Pediatrics The American Academy of Pediatrics (AAP) is an American professional association of pediatricians, headquartered in Itasca, Illinois. It maintains its Department of Federal Affairs office in Washington, D.C. Background The Academy was found ...

also supports second parent adoption. The American Academy of Child and Adolescent Psychiatry has started that they oppose all discrimination based on sexual orientation or gender identity regarding custodial, foster, or adoptive rights. The

American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...

supports second parent adoptions by unmarried persons and it is the best interest of the child. Countries other than America similarly support second-parent adoption. In July 2011, The Ministry of Labour, Family and Social Affairs of

Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, and ...

stated that the existing law allows for second-parent adoption. In the context of LGBT adoption and parenting in

Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

, As of 2008, the best option was to apply to the

Family Court of Australia The Family Court of Australia was a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Fede ...

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. 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.

United States

If second-parent adoption is not a legal option in certain counties or states, the

Human Rights Campaign The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...

suggests taking precautionary steps, such as: a written custody agreement or a co-parent agreement between partners. 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. World same-sex adoption laws

Alabama

In 2016, in V.L. vs E.L., the Alabama Supreme Court attempted to overturn a second parent same-sex adoption that was validly granted by

Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...

.https://www.familyequality.org/wp-content/uploads/2018/06/Alabama-LGBTQ-Family-Law-WEB.pdf The United States 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. In

Alabama (We dare defend our rights) , anthem = "Alabama (state song), Alabama" , image_map = Alabama in United States.svg , seat = Montgomery, Alabama, Montgomery , LargestCity = Huntsville, Alabama, Huntsville , LargestCounty = Baldwin County, Al ...

, while there currently is no law that explicitly prohibits second-parent adoption, some courts have turned down requests to adopt a same-sex spouse’s child. According to the

Family Equality Council Family Equality (formerly Family Pride and Family Equality Council) is a national American nonprofit organization whose mission is to advance legal and lived equality for lesbian, gay, bisexual, transgender and queer (LGBTQ) families, and for thos ...

, second parent adoptions are currently not available in Alabama.

Stepparent adoption A stepfamily is a family where at least one parent has children that are not biologically related to their spouse. Either parent, or both, may have children from previous relationships or marriages. Two known classifications for stepfamilies i ...

is legal in Alabama.https://www.nclrights.org/wp-content/uploads/2013/07/2PA_state_list.pdf

Nebraska

Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwe ...

, any adult or a married couple jointly may adopt, but an unmarried couple may not. 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 through

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

, adoption, or being biological related. According to the lawsuit filed, Nebraska case law prohibits second-parent adoption by an unmarried non-birth parent. Stepparent adoption is legal in Nebraska.

North Carolina

Second parent adoption is illegal in

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...

. Married couples can jointly adopt if they've been married for 6 months or more. Individuals can adopt as well. Stepparent adoption can only occur in North Carolina if the child's second biological parent waives their parental rights. This is only if the second biological parent is alive.

Utah

Second parent adoption is illegal in

Utah Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...

. To adopt in the state of Utah, one must either be married and have permission from their spouse or single and not living with another person. Anyone cohabitating in a non-marital sexual relationship cannot adopt in Utah. The adoptee must also be 10 years younger than the adopter. Stepparent adoption is legal in Utah.

References