Gay Adoption Research Paper

SYO 4102-American Families
Term Paper Assignment

State Level Policies Regarding Laws on Adoption by LGBT

Adoption is the social, emotional, and legal process in which children who will not be raised by their birth parents become permanent legal members of another family. Adoption is one of the primary ways that LGBT parents create families; whether through the public foster care system, a private agency, or simply a second-parent adoption of a partner or spouse’s child. However, in most places across the country LGBT individuals and couples face barriers to adoption, making it difficult or sometimes impossible for these loving, qualified people to create families. Lesbian and gay parents are raising over 65,000 adopted
These are usually called second-parent or step-parent adoptions. A second-parent adoption allows a second parent to adopt a child without the "first parent" losing any parental rights. In this way, the child comes to have two legal parents. It also typically grants adoptive parents the same rights as biological parents in custody and visitation matters. The following States allow second-parent adoption statewide (21 states and D.C.): Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington. Five states explicitly prohibit same-sex couples from jointly adopting (Utah, Louisiana, Mississippi, North Carolina, Michigan). Six states affirmatively restrict same-sex couples from accessing second-parent adoption (Utah, Nebraska, Wisconsin, Ohio, Kentucky, North Carolina). Two states restrict fostering by LGBT parents (Utah, Nebraska). Virginia allows private agencies receiving state funds to refuse to serve families or children for any religious objection. (HRC.org website,
State or Public Agency Adoption is when you plan to adopt a child who is in foster care from the public child welfare system. These children tend to be older and have been removed from their birthparents due to abuse or neglect. A series of classes on how to successfully parent these children is often required. Agency Open Adoption is when you plan an open adoption through an adoption agency. Open Independent Adoption is when an individual/couple sets out on their own to find birth parents that want or need to place their child in an adoption and complete that adoption through an attorney. And International Adoption is when a child is adopted from another country through an agency or independently. Whether a public or private agency is chosen, the main steps of the adoption process (for both hetero and homosexual individuals/couples) involve: the adoption application, the home study, the matching/placement process and then finalization. Applying for the adoption requires training classes, background checks, and letters of recommendation from friends, family and so forth. Next, a social worker conducts a homestudy to gather detailed information about the individual/couple and their family, and includes two or more in-person visits at the home. If all of the requirements are met, they are then approved to adopt a child by their social worker and their agency, and a decision on the characteristics, age, and