Lesbian & Gay Adoption Rights

Thousands of children await families in foster care in the United States and in foreign countries, and gay and lesbian couples can be a valuable resource for agencies trying to find families for these children.

  1. History

    • Historically, gay and lesbian couples were automatically barred from adopting children. However, at one time so were families who were not infertile, older couples, single parents, minority families and those with handicaps. Things have changed for all these groups.

    Considerations

    • According to the Child Welfare Information Gateway, most state laws do not specifically restrict adoption by gay and lesbian couples, with the exception of Florida and Mississippi. However, they do not provide protection directly for gay and lesbian couples who wish to adopt either.

    Misconceptions

    • According to the American Civil Liberties Union, gay and lesbian couples have no more chance of raising children who are gay than any other couple and can provide as stable a family life as any other family. Also, fears of molestation appear unfounded, as children are much more likely to be molested by a parent's heterosexual partner than a homosexual one.

    Prevention/Solution

    • Many gay couples adopt a child born through a surrogate or through donor insemination born to one of the parents, and the other parent can safeguard legal rights through a second parent or stepparent adoption.

    Types

    • Gay and lesbian couples will need to find out their state's laws regarding adoption and, if interested in international adoption, find out what agencies and countries will allow such adoptions. Laws frequently change, and couples should be cautious about working with new programs without much experience in the area.

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