Legislative Recommendation: LGBT Adoption Laws

Lesbian, gay, bisexual, and transgender (LGBT) laws and regulations have increased over the past years with the encouragement of peoples from those groups and from other supporters. Among the prevalent issues regarding LGBT persons is adoption, which has various specific regulations within different state and country legislations.

In most cases, one parent adopts a child while the second applies to be a parent. Second parent adoptions are legal in 21 states, including Washington, D.C. Among the states that allow gay adoption are California, Massachusetts, New Jersey, New Mexico, New York, Ohio, Vermont, Washington, and Wisconsin.

California permits single LGBT individuals to petition for adoption and permits a same-sex couple to jointly petition to adoption. In addition, California allows a same-sex partner to petition to adopt the partner’s child or child of the relationship.

Florida remains in the midst of states that currently have a ban on gay adoption. Mississippi, on the other hand, permits single parents to adopt, but rejects adoption by gay couples.

Although the United States does not prohibit same-sex couples to adopt nationwide, some countries do place regulations on this form of adoption. For example, though Canada has legalized gay adoption in nine provinces, three of its territories remain with legislations outlawing gay adoption. Other than Canada, England, Sweden, Netherlands, Spain, Wales, and Belgium have also legalized gay adoption. In Iceland, Norway, Germany, and denmark, a civil union couple can adopt the child of the partner as a form of stepchild adoption.

Lesbian, gay, bisexual, and transgender partners wishing to adopt must adhere to adoption legislation in the child’s legal country, as is the case with straight couples seeking to adopt.

 


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