The Best States For Gay and Lesbian Adoption

While deciphering which states have the worst adoption laws is relatively easy— these sates tend to attract controversy and attention—finding out which states are best for same-sex adoption is, like the laws governing adoption, slightly tricky. There are three kinds of laws important for same-sex individuals and couples looking to adopt, and they are also the three criteria by which we picked the best states for LGBT adoption.

Individual Adoption
First, the state must allow LGBT individuals to adopt. Most states allow it, while only Florida, home of the harshest LGBT adoption laws, currently explicitly bans the practice. The second criterion is the allowance of same-sex couple adoption. While only one state explicitly bans individual LGBT adoption, adding a partner to the mix changes the circumstances dramatically. Two individuals who have the ability to adopt seperately lose that ability when they enter into a same-sex couple, even though most adoption agencies prefer couples adopt over single parents.

Couple Adoption
Laws involving couples become more complicated, and some states, including New York, begin to have varying adoption laws by jurisdiction. Only five states, three of them on our worst states to adopt list, explicitly ban LGBT same-sex adoption, while others have no legal lingo that directly addresses it. Without legal language regarding adoption, there is no precedent for agencies to follow, leading to complicated state-by-state adoption practices.

Second Parent Adoption
The recognition of the petition of same-sex partners to adopt a partner’s child is the last criterion. Only four states explicitly ban the practice, two of which also don’t match the second criterion (Arkansas and Missouri.) Only sixteen out of fifty states meet all three criteria: California, Colorado, Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, Nevada, New Hampshire, New Jersey, Oregon, Vermont, Washington, and Wisconsin.