What States Allow Gay Adoption?

Adoption laws for gay people vary state by state.

Allowing same-sex couples to adopt is a hot-button topic in the U.S. While some states outright ban adoption by gay couples, other states have laws that do not expressly prevent adoption, but may make it hard or impossible for same-sex couples to complete the adoption process. Still other states do not allow gay couples to adopt, but have no prohibitions on a single gay person adopting a child.

States That Expressly Allow Gay Adoption

California, Connecticut, the District of Columbia, Illinois, Indiana, Maine, Massachusetts, New Jersey, New York, Oregon and Vermont specifically allow same-sex couples to adopt. These states have passed laws that clearly state that same-sex couples are eligible for adoption.

States with No Explicit Denial

There are many other states that do not have specific laws allowing same-sex couples to jointly petition a court to adopt. This makes gay adoption rights a grayer area. In some states, no court has heard or ruled on a same-sex adoption issue. The states with no explicit same-sex couple adoption laws are: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington and West Virginia.

States with Unclear Laws

According to the Human Rights Campaign, several states have unclear regulations about whether same-sex couple can adopt. In Michigan, for example, the law states that only married couples may petition to jointly adopt, and the state does not have gay marriage. However, a court in 2006 allowed a joint adoption for an unmarried gay couple. The Human Rights Campaign also calls laws in Wisconsin unclear because the courts have never ruled specifically on gay couples adopting jointly, but have "strongly suggested" that unmarried couples may not jointly adopt. Marriage in Wisconsin is legally defined as between a man and woman.

Adopting a Same-Sex Partner's Child

Not all gay adoption cases are from same-sex couples seeking to jointly adopt. Sometimes, a same-sex partner petitions to adopt his or her partner's child. States that explicitly permit this are: California, Colorado, Connecticut, the District of Columbia, Illinois, Massachusetts, New Jersey, New York, Pennsylvania and Vermont. The states that expressly forbid a same-sex partner from petitioning to adopt a partner's child are: Florida, Nebraska, Ohio and Utah. The remainder of the states have no explicit laws either way.

Single Gay People Adopting

States are more lenient with laws that allow single gay people to petition to adopt. That is, there are no laws that expressly forbid single gay people from adopting. Instead, most states have general laws that allow single people to adopt and do not mention sexual orientation as a factor. Florida is the lone state that does not allow single gay people to petition to adopt a child.

References

• Human Rights Campaign: Adoption Laws State by State
• National Conference of State Legislatures: Same-Sex Marriage, Civil Unions and Domestic Partnerships