The question of whether—or where—gays have the legal right to adopt children is actually three questions. The first is whether gay individuals can adopt a child. The second is whether same-sex couples can adopt a child jointly. The third is whether the same-sex partner of a single parent can adopt that person's children, known as "second-parent adoption." State laws are only one factor in the adoption process. Individual adoption agencies may have their own policies against placing children with gays. The Human Rights Campaign, a gay-rights group, keeps track of state laws concerning adoption, and it maintains a list of adoption agencies "friendly" to gays.
Individual Adoptions
As of 2010, Florida is the only state that specifically bars all gay people—singles or couples—from adopting children. According to the Human Rights Campaign, other states that bar same-sex couples from adopting may still allow gay individuals to adopt.
Joint Adoptions
Aside from Florida, two states have laws prohibiting joint adoptions by same-sex couples: Utah and Mississippi. Utah bars joint adoptions by any unmarried couples, gay or straight. These states' laws are silent, however, on gay individuals adopting. In addition, Arkansas passed a ban on adoptions by same-sex couples, but a state court ruled it unconstitutional, leaving its enforcement in limbo. And in Michigan, which doesn't have a state law specifically addressing the issue, courts have ruled that unmarried couples cannot adopt jointly.
The Human Rights Campaign says 13 states specifically allow same-sex couples to adopt: California, Colorado, Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New Jersey, New York, Oregon, Vermont and Washington, plus the District in Columbia. In Nevada and New Hampshire, gay couples have won the right to adopt in court, but such rights may apply only in certain jurisdictions.
Second-Parent Adoptions
The states with prohibitions on joint adoptions by same-sex couples also bar second-parent adoptions involving gay couples. In addition, courts in Nebraska, Kentucky and Ohio have ruled that state law doesn't provide for second-parent adoptions for same-sex couples.
Nine states plus D.C. specifically allow second-parent adoptions statewide: California, Colorado, Connecticut, Illinois, Massachusetts, New Jersey, New York, Pennsylvania and Vermont. In an additional 16 states, gay couples have won the right to second-parent adoptions only in some jurisdictions: Alabama, Alaska, Delaware, Hawaii, Iowa, Louisiana, Maryland, Minnesota, Nevada, New Hampshire, New Mexico, North Carolina, Oregon, Rhode Island, Texas and Washington.
