Same-Sex Adoptions

Orange County Adoption Lawyer Provides Compassionate Counsel

When a gay or lesbian couple wishes to adopt, they must know and follow the requirements set forth for same-sex adoptions. Adoptions for same-sex couples can take place in different ways based on the circumstance of those individuals. Before proceeding with an adoption, you must know the local, state and federal laws before you can raise a child together.

In order to adopt as same-sex partners, both parents must be registered as domestic partners. As you pursue this new journey together, one of our Orange County adoption attorneys can help you through the complex process associated with same-sex adoptions.

Same-Sex Adoption Process

In a lesbian relationship, one partner will give birth to a child and the other partner will become a legal parent through a second-parent or stepparent adoption. Gay men will perform a similar process except a surrogate will be used to carry the child. According to a report in 2011 issued by the National Center for Lesbian Rights (NCLR), California provided a new law that allows same-sex couples to adopt children together, which makes both parties legal parents from the start.

Legal Parents

Legal parents are those who have the right to live with a child. They hold the rights and responsibilities to make decisions regarding the child's health, education and well-being. In addition, they are required to protect and financially support the child. When a same-sex couple adopts a child, they are both considered legal parents automatically. Even if the couple splits apart, both parties are considered legal parents of that child.

In cases in which one parent is a biological parent, it is encouraged that you complete a stepparent adoption for the nonbiological individual. For legal representation through this process, contact Hendrickson Cooper Hughes to discuss your situation or submit a free case evaluation today.