Gay adoption facts for protecting your family

As the laws in New York struggle to keep up with marriage equality, many families are left feeling vulnerable and confused about making sure their family and parental rights are as legally protected as their marriage. Here are a few gay adoption facts and common concerns and what you need to know.

We are ready to adopt a child and looking for gay adoption facts. Can adopt as a couple?

Yes. Same sex couples in New York can jointly petition for adoption, and they need not be married. This may, however, vary by state. If planning to adopt outside of New York, you will need to check the specific state laws.

We are married and having a child through surrogacy or artificial insemination. Is the non biological parent required to adopt our child separately?

In short, yes. Even though the names of both parents may be on the birth certificate, this does not automatically give the non biological parent a legal connection to their child. It’s important to create that legal bond through a stepparent adoption in the event that the relationship dissolves or the biological parent becomes deceased or incapacitated so that the non biological parent can legally maintain a relationship with the child.

How do I know which type of adoption to petition for?

If you’re adopting a child together, a joint adoption will create a legal bond between the child and both parents and is in most cases the best option. If you plan on adopting the biological or adopted child of your partner, whether you are using a surrogate, sperm donor, or your partner already had a biological or adopted child, the specific type of adoption generally depends on whether there is another legal parent already established. If you and your partner are married, generally you would go through the stepparent adoption process. If you are unmarried, you would petition under the co parent or 2nd parent adoption process.

Do I need to track down the other biological parent to consent?

If you had a child through a joint adoption, then typically both parents of the child have already given up their parental rights. In the case of either artificial insemination or surrogacy, legal parentage may be addressed and established prior to the child’s birth and is much simpler if the other biological parent has already given up their legal parental rights. An “adoption surrender” may be needed if the other biological parent has never legally given up their parental rights, or if the child had another adoptive parent in the past.

Will the adoption be valid across state lines?

Yes. Once legal parentage is established through adoption, that child-parent relationship will be recognized nationally.

The main point to remember about gay adoption facts for families is to make sure that both parents have established a legal relationship with their children. Anthony M. Brown, the head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, is here to help you make sure that the legal bond of your family reflects your emotional and parental bond. He can help you decide the best course of action to protect your parental rights. Call 212-953-6447 or email me to answer any questions you may have about protecting your family!