Second Parent Adoption

What is second parent adoption? – The court procedure known as second parent adoption is the only means by which a non-biological parent in a same-sex relationship may create a legal and portably binding relationship with their partner’s biological child. If the couple uses a unknown sperm or ova donor, the child born of such an arrangement will only have one legal parent if that couple is unmarried. Some courts are now recognizing same-sex marriages validly performed in other jurisdictions for the purpose of adding a nonbiological mother’s name to a child’s Birth Certificate, however, other states are not bound to respect that relationship unless there is a Second Parent Adoption.

How long does the process take? – There is no definite answer to this question; however, the petition is usually processed completely in approximately 6 – 9 months. If you hire and attorney who is familiar with this process, the wait time may be reduced, however, much is dependent on the court’s calendar and schedule.

What do my partner and I need to prepare for a second-parent adoption? – The second parent adoption process is slightly different in each jurisdiction. Your adoption attorney will provide for you a checklist of information needed to process the adoption petition. Information requested includes full legal name, address, social security number, employment status and salary. You will also need to prepare a list of all residences you and your partner have lived in since the age of 18. You will be fingerprinted and must sign affidavits stating that you have never been convicted of a crime (if you have, supporting explanatory documentation is required) and that neither of you have been charged with child abuse. Many courts require letters of reference in support of your adoption petition.

Do both the biological parent and the adoptive parent have to provide information? – The answer to this question is usually yes. Most courts require that both the biological parent and the petitioning adoptive parent both apply to the court. This insures that the court receives all appropriate information regarding the adoption and that the biological parent consents to the process.  However, as the courts learn about the specific needs of our families, they are adjusting to lessen the burden on biological parents in a Second Parent Adoption

What if there is a known donor? – In situations where there is a known sperm or ova donor, the court requires that the donor permanently surrender all legal rights to the child in order for the non-biological partner to adopt. If that donor does not consent, the court will not allow for the adoption. Moreover, a known donor cannot surrender their parental rights to a child unless there is either an agency or an actual person willing to legally adopt that child.

If you have questions about Second Parent Adoption, please email me at: Anthony@TimeForFamilies.com.