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The rights and laws about same sex parenting may vary from one state to another. While some states may have state wise legislation, other states may only cover certain jurisdictions. This can make the laws even more complicated to understand and give rise to several legal questions. Given below are answers to the top five questions about same sex adoption that are raised on question and answer sites online: How would the second parent’s rights be affected after a split in same sex adoption?
In case of a split, in most states, the second parent may have no legal rights to raise the child or take important decisions even though the second parent has been with the child like a parent. In some cases, the court may consider the second parent to be a complete stranger to the child and the parent. However, there are certain courts which are more flexible about the matter. They provide court ordered visitation time to the second parent. Many times the second parent is called the de facto parent. Two gay males are unmarried and divorced from their respective spouses. They are now living together and want to adopt each other’s children to start a new family. Would such a scenario be possible in Florida?
Florida has legalized adoption of children by same sex couples. However, the court may take decisions on a case to case basis as there is no specific law that provides for such adoptions. If one of the spouses of the single males still has custody of the child, then the adoption may not be possible. The mother’s rights may either have to be terminated or the mother may have to give up her rights if the gay couple wants to adopt the children. Is second parent adoption by gay women permitted in Texas? If it is, what is the procedure to do so?
According to the TX Family Code ANN. 162.001. any adult can petition to adopt a child in Texas. If the individual prepares her own petitions, she may have to look for the Texas Family Practice Manual. The individual may copy the petition, the checklists and other orders from the stepparent adoption section of the manual and prepare her own petition. The language in the petition may be modified wherever required. The petition may be filed with a cover letter requesting for a hearing. Can a same gender couple file for joint adoption?
10 states of the US and the District of Columbia allow LGBT couples to adopt. These states are California, Connecticut, District of Columbia, Illinois, Indiana, Maine, Massachusetts, New Jersey, New York, Oregon and Vermont. Mississippi and Utah do not permit same sex adoption. Are adoptions by single gays permitted in Michigan?
LGBT adoptions are permitted in the state of Michigan if a child is put up for adoption by the state or the biological parents. However, joint adoptions by unmarried parents may not be permitted in the state. In most cases, the first parent may not have to give up parental rights if the adoption is a second parent adoption. Though this is the general rule, there can be certain changes in these rules depending on circumstances and situations. Every state in the US and some jurisdictions of the states handle the issue of same sex adoption in different ways. One must know the laws of one’s area if one is planning to adopt a child. You may ask a family lawyer if you have any questions regarding same sex adoption in your respective state.
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