Get gay adoption statistics & facts

Familiarize yourselves with gay adoption statistics and facts before starting your family

While marriage equality is now the national standard, the laws concerning families of same-sex couples are just as muddled as ever, if not more so. Before beginning your family, it’s important to do a little research beforehand on gay adoption statistics and facts.

 

Gay Adoption Statistics

As many as 6 million children have gay parents, and that number is growing. According to 2010 US Census data, about 20% of same-sex couples are raising children. What does this mean? It means you and your child, current or future, are not alone.

 

Children of same-sex parents, even high-risk children, fare just as well as children of opposite-sex parents. While this seems like common sense, having scientific evidence confirming that gay parents are indeed just as good as non-gay parents (or also, a lack of scientific evidence that same-sex parents cause harm to children) means that while family laws are lagging behind, they should eventually catch up in giving all families equal rights in adoption. This doesn’t, however, mean you should or need to wait to start your family! Gay adoption statistics aside, here are a few facts and considerations to keep in mind before beginning the family planning or adoption process.

 

Get gay adoption statistics & facts before family planning

  • If you’re planning on adopting, filing a joint petition for adoption is generally the better option, as it automatically recognizes both partners as legal parents. In the state of New York, you need not be married to do this, however this may vary state to state.
  • Marriage does not automatically create legal parentage. If you are considering artificial insemination or surrogacy, it’s important that the non biological parent establishes a legal relationship with the child through the co adoption process, even if that parent is named on the birth certificate.
  • If your partner already has a child, you will need to petition for a stepparent adoption. In order to do this, the child’s other biological parent has to surrender their legal parental rights to that child.
  • It’s important to investigate adoption laws of the state in which you reside, as many states give preference to married couples over unmarried couples when adopting or fostering a child. Adoption laws also vary by county.
  • Once a legal relationship has been established between parent and child, this legal relationship will be recognized nationally.
  • It is vital that both parents have established a legal relationship with their child in the event that the biological or adopted parent becomes incapacitated or in the event the relationship dissolves. In the event of either of those situations, the non biological or adopted parent risks losing custody rights of the child.

 

Regardless of how you intend to grow your family (through adoption, foster parenting, surrogacy or artificial insemination), it’s important to hire a family attorney experienced in adoption laws in your state and county to help you navigate the intricacies of the law and to make sure you make it through the process with no complications. For a well-vetted family attorney in New York, call Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, at 212-953-6447 or email questions to Brown@awclawyer.com.

in Adoption / Second Parent Adoption / Surrogacy  by Anthony Brown 0 comments

Adoption New York Home Study

What is a “home study” for adoption New York and what can we expect?

With both heterosexual and gay adoption New York, the family will need to participate in a home study as part of the adoption process. A home study is required in all adoption cases, whether you as a couple are adopting a new child or whether one partner is adopting the legal or biological child of their partner. It may seem daunting inviting people into your home to judge whether you are fit to be a parent, the process is not intended to trick you or catch you off guard. A person or family that is disqualified from the adoption process is usually done so during the background check portion of the adoption, before a home study is conducted.

 

What we need to prepare for in a home study for adoption New York?

The first step in a home study involves a lot of paperwork. In addition to submitting a long list of documentation, including things like background checks, a child abuse clearance, etc, a social worker will come to inspect your home to make sure you are providing a fit environment to raise a child. While your home does need to pass safety requirements (like making sure your smoke alarms are all in working order), if any issues do come up these are most likely pretty quick fixes.

The social worker will also interview the parent or parents adopting, as well as any other adults living in the home. They are looking to make sure the prospective parents display characteristics that qualify them to be a fit and loving parent. Such qualities the social worker is looking for may include:

  • Being able to provide for the child’s needs on a physical and emotional level
  • Being able to financially provide for a child
  • Be in good health to care for a child
  • Have the emotional capacity to accept and care for an adopted child and address any emotional implications this may mean for that child with realistic expectations
  • The ability to handle stress
  • A connection with the community.

 

Once the home study is complete, the caseworker will prepare a written summary about the family to be referenced during the rest of the adoption process. Typically, parents looking to adopt will find a home study provider through their attorney, depending on the county in which they live, and will be responsible to pay for the home study out of pocket.

 

If you have any questions about the process for adoption New York or the home study process, contact Anthony M. Brown at 212-953-6447 or Brown@awclawyer.com. As the head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, Brown provides expertise in bringing families together and establishing a legal child-parent relationship.

in Adoption  by Anthony Brown 0 comments

Gay Adoption New York

Gay Adoption New York: is adoption necessary in the case of a sperm donor?

For same-sex couples, the fight for marriage equality is over and done with. As they start to building families, however, the struggle remains as the intricacies of family law in New York and across the U.S. haven’t quite caught up to this landmark change. This has led to much confusion on the part of same-sex, particularly lesbian, couples. One question is frequently asked: if two married women conceive a child through artificial insemination, does the non biological parent need to go through the process of gay adoption New York?

 

Gay Adoption New York is still necessary for married women using a sperm donor

Unfortunate case law in the State of New York, entitled Paczkowski v. Paczkowski, held that when married women have a child through artificial insemination, the marital presumption of parentage does not apply to them. This was the case in New York before gay marriage was nationally legalized and it still applies.

Marriage means parentage then?

Marriage does not convey legal parentage for same-sex couples. If your spouse had your child before you were married, gay adoption in New York is still necessary, particularly when you were not listed as a parent on the birth certificate. Despite marriage equality, adoption laws still vary from state to state so it’s important to check the state laws if you plan on adopting your child outside of New York.

What about the sperm donor?

In the case of an anonymous donor, typically the donor has given up all parental rights through the donation process. For this reason, using an anonymous donor is beneficial in New York because a married lesbian couple using an anonymous donor can have both parents’ names on the birth certificate. However, that alone does not create parentage, only second parent adoption does this.  Many couples opt for a known sperm donor for various reasons. In this case, the child and the donor will likely come into contact at some point. It’s vital to establish before conception the role the donor will play in the child’s life, and execute any legal documentation outlining anything pertaining to parenting or visitation rights of the donor. Any lesbian couple using a known sperm donor, regardless of whether they identify him as the father on the birth certificate, must undergo the second parent adoption process to secure the non biological mother’s rights to the child.

 

If you need help determining your parental rights or adopting the child (either biological or adopted) of your spouse, call Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations. Anthony is available to answer all questions concerning non traditional family law and adoption for GLBT families. Call 212-953-6447 or email Anthony with any questions or concerns.

 

in Adoption / Known Donor  by Anthony Brown 0 comments