As a leader in pro-LGBTQ+ legislation, California Family law affords many of the same rights to LGBTQ+ couples looking to adopt as heterosexual couples. Under California Family Law, LGBTQ+ individuals and couples can engage in adoption in various instances. For example, single LGBTQ+ individuals can petition to adopt without a partner. LGBTQ+ couples are legally able to petition to adopt a child jointly. Further, LGBTQ+ couples are also able to adopt their partner’s child. How an LGBTQ+ individual can engage in the adoption process depends on the specific circumstances of their adoption.
Types of Adoption:
LGBTQ+ couples and individuals wishing to adopt a child in California have various options to begin the process. California law categorizes the types of adoption into two categories; Stepparent adoption and Agency Adoption.
Step-Parent Adoption
Step-parent adoptions are the most common type of adoption in California and are often referred to as domestic partner adoptions. This type of adoption occurs when the child’s biological parent’s partner adopts them. In order for a step-parent adoption to take place, the couple must be legally registered as domestic partners or be legally married. The legal process for a step-parent requires that one of the child’s biological parents remain on their birth certificate.
Agency Adoptions
In California, the agency adoption category can be broken down into three types of adoption; agency, international, and independent adoption.
- Agency adoptions require the involvement of either a licensed adoption agency or the California Department of Social Services.
- International adoptions occur when a child is adopted from a country outside of the United States.
- Independent Adoptions are the type of adoption that requires no outside involvement. In other words, the biological and adoptive parents have mutually agreed to independent adoption and are therefore not legally required to involve a licensed adoption agency or the California Department of Social Services. Independent adoptions require that the biological parents terminate their parental rights as part of the adoption process.
Regardless of the type of adoption that takes place, the biological parents will have to relinquish or terminate their parental rights to the child in order for the adoption to be finalized. This part of the adoption process is not unique to heterosexual or LGBTQ+ parents. For more information on circumstances surrounding LGBTQ+ adoption in California as a whole, click here.
For LGBTQ+ Individuals, the adoption process in California, and most states in the United States, has significant procedural differences. While LGBTQ+ individuals and couples in California are afforded many of the same rights as heterosexual adoptive parents, there is one clear difference. LGBTQ+ couples in California who are adopting a child are not automatically granted parental rights to the child once the adoption is finalized. For LGBTQ+ adoptive parents to both be legally recognized as their child’s parent, they must file for a Second Parent Adoption.
Second Parent Adoption
In California, second-parent adoptions are also commonly known as co-parent adoptions. One of the main differences for LGBTQ+ couples adopting a child together is that both parents are not automatically awarded legal parental rights to the child when the adoption is finalized. This type of adoption is especially beneficial to LGBTQ+ couples, as it allows them to petition to the court to both be legally recognized as their adopted child’s parents. Unlike in Step-Parent and Domestic Adoptions, the existing legal parent of the child does not have to relinquish any parental rights for their partner to adopt their child. For LGBTQ+ couples who have adopted a child, second-parent adoption is an excellent way for both parents to enjoy all the legal rights and responsibilities of raising their child. The type of adoption through which your child was adopted does not affect your ability to petition for a second parent adoption. For LGBTQ+ couples who have adopted a child, second-parent adoption allows both parents to enjoy all the legal rights and responsibilities of raising their child.
FAQS:
Q: Am I eligible for second-parent adoption?
A: Under California law, any parent who does not presently have legal parenting to their child can petition for second-parent adoption. LGBTQ+ couples who are not legally registered domestic partners or legally married can petition for second-parent adoption, regardless of their legal partnership status.
Q: How can I file for a second parent adoption?
A: To begin the process of a second-parent adoption, you must receive the consent of the existing legal parent to adopt the child. Once you have their consent, you can file a petition and begin the process to adopt!
Q: Is second-parent adoption legal everywhere?
A: No. Second parent adoption is not a legal option for all LGBTQ+ couples. While it is an option for couples in California, it is not legally permissible in all 50 states.
Contact Pride Legal
If you or a loved one is looking into second-parent adoption we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.