The University of California Los Angeles' Williams Institute estimates that gay and lesbian parents raise about 4 percent of adopted children in the United States. Laws across the country on gay and lesbian adoption, however, remain a confusing patchwork, with some states accepting of it, some states hostile to it and many states with differing precedents. These laws, as well as laws across the globe, constantly face legal battles and are changing, so whether you wish to adopt as an individual or as a couple, always check with a local adoption law expert for the latest restrictions.
Gay/Lesbian Individuals
As individuals, gays and lesbians generally may adopt children almost anywhere in the United States with the exception of Florida. Following a campaign led by anti-gay activist Anita Bryant, the state in 1977 passed a law specifically banning gays and lesbians from adopting children. As of 2010, that law remains on the books, though it continues to face legal challenges. Nebraska's Department of Social Service in 1995 issued a policy to deny gay and lesbian individuals adoption rights, but state law allows any individual to adopt, so enforcement of the policy remains unclear. While Arkansas and Utah do not specifically prohibit gay and lesbian individuals from adoptions, they do ban adoption by unmarried, cohabiting individuals, so you might have trouble adopting in those states if you live with a partner.
Joint Adoption
Gay and lesbian couples who wish to file jointly for adoption face murky laws throughout much of the United States. Naturally, there are no barriers in states where gay marriage is legal, which as of 2010 include Massachusetts, Connecticut, Vermont, New Hampshire and Iowa. Other states have laws or precedent specifically permitting same-sex couples to file for adoption, including California, Illinois, Indiana, Maine, New Jersey, New York and Oregon. In addition to Florida, Utah and Arkansas, Mississippi has laws on the books specifically prohibiting adoption by same-sex couples. All other states do not have laws prohibiting same-sex couples from filing for adoption together, but your success often will depend on a jurisdiction-by-jurisdiction basis.
Adopting a Partner's Child
If a gay or lesbian individual in the United States wants to adopt his/her partner's child, the landscape is generally the same as for those who wish to file jointly for adoption. States that allow joint filing will permit the adoption, while Florida, Mississippi, Utah and Arkansas expressly ban it. Additionally, Nevada will allow gays and lesbians to adopt a partner's child. In Ohio and Wisconsin, however, courts have ruled that a partner adopting a child would terminate the rights of the biological parent. In the rest of the states, laws remain murky and generally depend on the jurisdiction.
International Gay/Lesbian Adoption
A number of countries around the world have legalized gay adoption. Most of Western Europe allows gay adoption to some extent, including the United Kingdom, Norway, Sweden, Finland, Denmark, the Netherlands, Iceland, France, Andorra, Spain and Germany. Most of Canada permits gay adoption, as do parts of Australia. Brazil, Uruguay, South Africa and Israel also have laws allowing gay adoption.
References
- NPR: In Florida, Gay Adoption May No Longer Be Banned
- National Gay and Lesbian Task Force: Anti-Adoption Laws in the U.S.
- Human Rights Campaign: Adoption Laws: State by State
- PBS: State Gay Adoption Laws
- The Williams Institute: Adoption and Foster Care by Gay and Lesbian Parents in the United States
