Definition: Gay adoption is one of two ways gay male couples or singles can have children. Along with surrogacy, adoption is a viable option for gays looking to expand their family. Adoption laws, however, vary by state. But, some states are worse for gay adoption than others. Still, gay adoption can and does happen.
Types of Adoption/Guardianship:
Types of Adoption/Guardianship:
- Single (Individual) Parent Adoption
Individual adoption is the traditional type of adoption where an unmarried person seeks to adopt a child that has been put for adoption by the birth parent(s) or by the State. - Joint Adoption
In a joint adoption an unmarried couple petitions the court to adopt a child that has been placed for adoption by the birth parent(s) or by the State. - Second-parent Adoption
This type of adoption involves one parent who already has legal rights of the child and a second parent that is petitioning for joint rights. The initial parent does not give up parental rights. Second-parent adoption is a viable option for gay and lesbian couples that reside in states that do not allow joint same-sex adoption. - Step-parent (Domestic Partner) Adoption
When a child is already living with both same-sex parents, step-parent, or domestic partner, step parent or domestic partner adoption can be filed. - Guardianship
When same-sex or gay parent adoption isn't an option, parents can protect their families by applying for guardianship. Guardianship, however, does not provide the same legal rights as adoption. - Foster Care vs. Adoption
Foster care differs from adoption in a few ways. A foster parent assumes responsibility for the foster child's care while the State maintains all legal guardianship of the child. Adoption transfers legal responsibility and care over to the adoptive parents.
