Second-parent adoption
The second-parent adoption or co-parent adoption is a process by which a marriage partner can adopt her or his partner's biological or adoptive child without terminating the first legal parent's rights. This process is of interest to many couples, as legal parenthood allows the parent's partner to do things such as: make medical decisions, claim dependency, or gain custody in the event of the death of the biological parent.
Second-parent adoption is of significant importance in the context of the LGBT adoption. In the United States, second-parent adoption was started by the National Center for Lesbian Rights in the mid-1980s. The NCLR offers a legal guide that covers the basics of second-parent adoption.
Family law varies from state to state in America. Courts in many states have granted second-parent adoptions to same-sex couples, though there is no statewide law or court decision that guarantees this. In fact, courts within the same state but in different jurisdictions often contradict each other in practice. However, The American Medical Association supported second parent adoption by same-sex partner, stating that lack of formal recognition can cause health-care disparities for children of same-sex parents. The American Academy of Pediatrics also supports second parent adoption. Countries other than America similarly support second-parent adoption. In July 2011, The Ministry of Labour, Family and Social Affairs of Slovenia stated that the existing law allows for second-parent adoption. In the context of LGBT adoption and parenting in Australia, As of 2008, the best option was to apply to the Family Court of Australia for a parenting order, as ‘other people significant to the care, welfare and development’ of the child. It provides an important "status quo" if the birth mother were to die, preventing other family members from taking immediate custody of the child.
United States
If second-parent adoption is not a legal option in certain counties or states, the Human Rights Campaign suggests taking precautionary steps, such as: a written custody agreement or a co-parent agreement between partners. Also suggested is gathering evidence to prove you are a family.| American States | Do they allow second-parent adoption for married couples? | Do they allow second-parent adoption for unmarried and/or domestic partners ? | Do they explicitly state they allow same-sex couples the right to second-parent adoption? |
| Alabama | Yes | No | Yes |
| Alaska | Yes | Yes | No |
| Arizona | Yes | Yes | No |
| Arkansas | Yes | Yes | No |
| California | Yes | Yes | Yes |
| Colorado | Yes | Yes | Yes |
| Connecticut | Yes | Yes | Yes |
| Delaware | Yes | Yes | Yes |
| District of Columbia | Yes | Yes | Yes |
| Florida | Yes | Yes | Yes |
| Georgia | Yes | Yes | Yes |
| Hawaii | Yes | Yes | Yes |
| Idaho | Yes | Yes | Yes |
| Illinois | Yes | Yes | Yes |
| Indiana | Yes | Yes | Yes |
| Iowa | Yes | Yes | Yes |
| Kansas | Yes | No | No |
| Kentucky | Yes | No | No |
| Louisiana | Yes | Yes | Yes |
| Maine | Yes | Yes | Yes |
| Maryland | Yes | Yes | Yes |
| Massachusetts | Yes | Yes | Yes |
| Michigan | Yes | Yes | No |
| Minnesota | Yes | Yes | Yes |
| Mississippi | Yes | Yes | No |
| Missouri | Yes | Yes | No |
| Montana | Yes | Yes | No |
| Nebraska | Yes | No | Yes |
| Nevada | Yes | Yes | No |
| New Hampshire | Yes | Yes | No |
| New Jersey | Yes | Yes | Yes |
| New Mexico | Yes | Yes | No |
| New York | Yes | Yes | Yes |
| North Carolina | Yes | No | No |
| North Dakota | Yes | Yes | No |
| Ohio | Yes | No | No |
| Oklahoma | Yes | Yes | Yes |
| Oregon | Yes | Yes | Yes |
| Pennsylvania | Yes | Yes | Yes |
| Rhode Island | Yes | Yes | Yes |
| South Carolina | Yes | Yes | No |
| South Dakota | Yes | Yes | No |
| Tennessee | Yes | Yes | No |
| Texas | Yes | Yes | Yes |
| Utah | Yes | No | No |
| Vermont | Yes | Yes | Yes |
| Virginia | Yes | Yes | No |
| Washington | Yes | Yes | Yes |
| West Virginia | Yes | Yes | Yes |
| Wisconsin | Yes | No | No |
| Wyoming | Yes | Yes | No |