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

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

Gay adoption facts for protecting your family

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?gay couple adoption, gay couples adopting, gay adoption facts, gay adoption statistics, lgbt adoption rights, adoption rights, gay adoption rights, gay adoptions

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!

in Adoption / Second Parent Adoption  by Anthony Brown 0 comments

Colombia’s Gay Adoptions Ruling

Colombia’s Constitutional Court ruling found that barring gay adoptions had deprived children of the right to be raised by families.

In a landmark gay adoptions ruling that eliminated a glaringly discriminatory policy, Colombia’s highest court ruled on Wednesday that gay individuals and couples may adopt children. In a 6-to-2 decision, the Constitutional Court found that barring gay people from adopting had unreasonably deprived children of the right to be raised by families.

The decision was the latest victory for gay activists in Colombia who have challenged discriminatory policies in a string of smartly litigated cases. The ruling will make it easier for gay individuals and couples to adopt children in state foster care. It also will allow people to be legally recognized as the parent of a same-sex partner’s biological child.

Anticipating criticism from political and religious leaders, the justices wrote that “doubts and fears about whether society is ready to accept this decision won’t be dissipated by being blind to an irrefutable reality.” The judges argued that there was no evidence that same-sex couples were unfit parents and no compelling reason to bar them from the universe of potential adoptive families.

Wednesday’s decision sparked criticism from Catholic Church leaders, who argued that the issue should have been decided by Congress or approved in a referendum. While some Colombian lawmakers have introduced bills seeking to expand the rights of gay people, those initiatives have stalled. The country’s top court has picked up the slack. In doing so, it has set a commendable example in a region where gay people continue to face widespread discrimination and scorn.

Click here to read the entire article.

A version of this editorial appears in print on November 10, 2015, in The International New York Times. Today’s Paper|Subscribe

 

New York Times, November 9, 2015

in Adoption / In the News / International / Legal  by Anthony Brown 0 comments