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Same-sex adoption is the
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
of children by
same-sex couple A same-sex relationship is a romantic or sexual relationship between people of the same sex. '' Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries ...
s. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child (
stepchild A stepchild is the offspring of one's spouse, but not one's own offspring, either biologically or through adoption. Stepchildren can come into a family in a variety of ways. A stepchild may be the child of one's spouse from a previous relationshi ...
adoption). Joint adoption by same-sex couples is permitted in most countries and territories that allow
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
, as well as in several countries and dependent territories that do not: namely Croatia, Israel, Liechtenstein, Bermuda and the Cayman Islands. (In some of the countries with marriage, legislation for adoption preceded that for marriage.) However, only stepchild adoption is permitted in Taiwan (though since 2022 there is court precedent for joint adoption), and not even that is allowed in Ecuador, which has a constitutional ban. Adoption is only permitted for same sex married couples in 21 of the 31 Mexican states and Mexico City, despite a Supreme Court ruling that requires states to allow it. Stepchild adoption is permitted for same-sex couples in a couple additional countries without same-sex marriage, namely Estonia and San Marino. Given that constitutions and statutes usually do not address the adoption rights of LGBT persons, judicial decisions often determine whether they can serve as parents either individually or as couples. Opponents of adoption by same-sex couples have argued that LGBT parenting adversely affects children. However, research consistently shows that gay and lesbian parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as those reared by heterosexual parents. Same-sex parents pursuing adoption must also contend with social pressures to conform to heteronormative gender roles. The concept of gender role models is necessitated by the bureaucratic organization of foster care and adoption agencies, particularly in the United States.


LGBT parenting

The existing body of research on outcomes for children with LGBT parents includes limited studies that consider the specific case of adoption. Moreover, where studies do mention adoption they often fail to distinguish between outcomes for unrelated children versus those in their original family or step-families, causing research on the more general case of LGBT parenting to be used to counter the claims of LGBT-adoption opponents.Charlotte Patterson, et al., "Adolescents with Same-Sex Parents: Findings from the National Longitudinal Study of Adolescent Health, 7 November 2007, pg. 2 One study has addressed the question directly, evaluating the outcomes of adoptees less than 3-years old who had been placed in one of 56 lesbian and gay households since infancy. Despite the small sample, and the fact that the children have yet to become aware of their adoption status or the dynamics of gender development, the study found no significant associations between parental sexual orientation and child adjustment. Scientific research indicates that the children of same-sex couples fare just as well as the children of opposite-sex couples.Brief of the American Psychological Association, Kentucky Psychological Association, Ohio Psychological Association, American Psychiatric Association, American Academy of Pediatrics, American Association for Marriage and Family Therapy, Michigan Association for Marriage and Family Therapy, National Association of Social Workers, National Association of Social Workers Tennessee Chapter, National Association of Social Workers Michigan Chapter, National Association of Social Workers Kentucky Chapter, National Association of Social Workers Ohio Chapter, American Psychoanalytic Association, American Academy of Family Physicians, and American Medical Association as Amici Curiae in Support of PetitionersBrief presented to the Legislative House of Commons Committee on Bill C38 by the Canadian Psychological Association – June 2, 2005.
In 1979, Reverend John Kuiper of the
Metropolitan Community Church The Metropolitan Community Church (MCC), also known as the Universal Fellowship of Metropolitan Community Churches (UFMCC), is an international LGBT-affirming mainline Protestant Christian denomination. There are 222 member congregations in 37 ...
and his husband became the first gay men in America to win the right to adopt a child.


Debate


Arguments

The adoption of children by LGBT people is an issue of active debate. In the United States, for example, legislation to prevent adoption by LGBT people has been introduced in many jurisdictions; such efforts have largely been defeated. Prior to 1973, state courts commonly barred gay and lesbian individuals from holding a parenting role, especially through adoption. Major professional organizations have made statements in defense of adoption by same-sex couples. The
American Psychological Association The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It ha ...
has supported adoption by same-sex couples, citing social prejudice as harming the psychological health of lesbians and gays while noting there is no evidence that their parenting causes harm. The
American Medical Association The American Medical Association (AMA) is a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016. The AMA's sta ...
has issued a similar position supporting second parent adoption by same-sex partner, stating that lack of formal recognition can cause health-care disparities for children of same-sex parents. The following arguments are made in support of adoption by LGBT parents: *The right of a child to have a family, guardians or people who can take care of their wellbeing. *Human rights – child's and parent's right to have a family life. *There are almost no differences between children raised by same-sex or straight couples. For that reason, sexual orientation of the parents has almost no relevance when it comes to raising a child *Evidence confirming that, despite the claims of those opposed to LGBT+ parenting, same-sex couples can provide good conditions to raise a child *For the children, adoption is a better alternative to
orphanage An orphanage is a residential institution, total institution or group home, devoted to the care of orphans and children who, for various reasons, cannot be cared for by their biological families. The parents may be deceased, absent, or a ...
*Less formalities for step-parents in everyday life, as well as the situation of a death of a biological parent of a child The following arguments are made against adoption by LGBT parents: *Many adoption agencies are faith-based - it may go against their religion to support LGBTQ+ parents. *Children need a mom and a dad, rather than both of one or the other, or neither (nonbinary). They assume that one gender can teach certain things to their children that the other gender can't. *Children raised in same-sex parenting (or otherwise LGBTQ+) households will more likely experience gender and sexual disorders. *There are a lot of thoughts about typical gender roles, including what a mother and father should do in the house, as well as women needing to "domesticate" men.


Public opinion


Legal status

Joint adoption by same-sex couples is legal in the following countries: *
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(2014) *
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...
(2010) *
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
(first jurisdiction 2002, last jurisdiction 2018) *
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
(2016) *
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...
(2006) *
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
(2010) *
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
(first jurisdiction 1996, last jurisdiction 2011) *
Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the eas ...
(2022) *
Colombia Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the ...
(2015) *
Costa Rica Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
(2020) *
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = " Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capi ...
(2022) *
Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribb ...
(2022) *
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
(2010) **
Greenland Greenland ( kl, Kalaallit Nunaat, ; da, Grønland, ) is an island country in North America that is part of the Kingdom of Denmark. It is located between the Arctic and Atlantic oceans, east of the Canadian Arctic Archipelago. Greenland ...
(2016) **
Faroe Islands The Faroe Islands ( ), or simply the Faroes ( fo, Føroyar ; da, Færøerne ), are a North Atlantic island group and an autonomous territory of the Kingdom of Denmark. They are located north-northwest of Scotland, and about halfway bet ...
(2017) *
Finland Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bot ...
(2017) *
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
(2013) *
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
(2017) *
Iceland Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its ...
(2006) *
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
(2015) *
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
(2008) *
Liechtenstein Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German language, German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constit ...
(2022) *
Luxembourg Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
(2015) *
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
(2014) *
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
(2001) *
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
(2013) *
Norway Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of ...
(2009) *
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...
(2016) *
Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, and ...
(2022) *
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
(2002) *
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
(2005) *
Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic countries, Nordic c ...
(2003) *
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
(2022) *
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
**
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
and
Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
(2005) **
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
(2009) **
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
(2013) *
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
(first jurisdiction 1993, last jurisdiction 2017) *
Uruguay Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
(2009) Joint adoption by same-sex couples is legal in the following subnational jurisdictions or dependent territories: * UK Crown Dependencies and
British Overseas Territories The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Bri ...
: **
Bermuda ) , anthem = "God Save the King" , song_type = National song , song = "Hail to Bermuda" , image_map = , map_caption = , image_map2 = , mapsize2 = , map_caption2 = , subdivision_type = Sovereign state , subdivision_name = , es ...
(2015) **
Cayman Islands The Cayman Islands () is a self-governing British Overseas Territory—the largest by population in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac and Little Cayman, which are located to the ...
(2019) **
Gibraltar ) , anthem = " God Save the King" , song = "Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibr ...
(2014) **
Guernsey Guernsey (; Guernésiais: ''Guernési''; french: Guernesey) is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a British Crown Dependency. It is the second largest of the Channel Islands ...
(2017) **
Isle of Man ) , anthem = " O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europ ...
(2011) **
Jersey Jersey ( , ; nrf, Jèrri, label= Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependency near the coast of north-west France. It is the ...
(2012) **
Pitcairn Islands The Pitcairn Islands (; Pitkern: '), officially the Pitcairn, Henderson, Ducie and Oeno Islands, is a group of four volcanic islands in the southern Pacific Ocean that form the sole British Overseas Territory in the Pacific Ocean. The four is ...
(2015) **
Falkland Islands The Falkland Islands (; es, Islas Malvinas, link=no ) is an archipelago in the South Atlantic Ocean on the Patagonian Shelf. The principal islands are about east of South America's southern Patagonian coast and about from Cape Dubouze ...
(2017) **
Saint Helena, Ascension and Tristan da Cunha Saint Helena, Ascension and Tristan da Cunha is a British Overseas Territory located in the South Atlantic and consisting of the island of Saint Helena, Ascension Island and the archipelago of Tristan da Cunha including Gough Island. Its name wa ...
(2017) *
Mexico Mexico (Spanish language, Spanish: México), officially the United Mexican States, is a List of sovereign states, country in the southern portion of North America. It is borders of Mexico, bordered to the north by the United States; to the so ...
: **
Aguascalientes Aguascalientes (; ), officially the Free and Sovereign State of Aguascalientes ( es, Estado Libre y Soberano de Aguascalientes), is one of the 32 states which comprise the Federal Entities of Mexico. At 22°N and with an average altitude of a ...
(2019) **
Baja California Baja California (; 'Lower California'), officially the Free and Sovereign State of Baja California ( es, Estado Libre y Soberano de Baja California), is a state in Mexico. It is the northernmost and westernmost of the 32 federal entities of Mex ...
(2017) ** Baja California Sur (2022) **
Campeche Campeche (; yua, Kaampech ), officially the Free and Sovereign State of Campeche ( es, Estado Libre y Soberano de Campeche), is one of the 31 states which make up the 32 Federal Entities of Mexico. Located in southeast Mexico, it is bordered by ...
(2016) **
Chiapas Chiapas (; Tzotzil and Tzeltal: ''Chyapas'' ), officially the Free and Sovereign State of Chiapas ( es, Estado Libre y Soberano de Chiapas), is one of the states that make up the 32 federal entities of Mexico. It comprises 124 municipalities ...
(2017) **
Chihuahua Chihuahua may refer to: Places * Chihuahua (state), a Mexican state **Chihuahua (dog), a breed of dog named after the state **Chihuahua cheese, a type of cheese originating in the state **Chihuahua City, the capital city of the state **Chihuahua Mu ...
(2017) **
Coahuila Coahuila (), formally Coahuila de Zaragoza (), officially the Free and Sovereign State of Coahuila de Zaragoza ( es, Estado Libre y Soberano de Coahuila de Zaragoza), is one of the 32 states of Mexico. Coahuila borders the Mexican states of N ...
(2014) ** Colima (2016) ** Durango (2022 -- prohibition never existed) ** Jalisco (2019) ** Hidalgo (2019) **
Mexico City Mexico City ( es, link=no, Ciudad de México, ; abbr.: CDMX; Nahuatl: ''Altepetl Mexico'') is the capital and largest city of Mexico, and the most populous city in North America. One of the world's alpha cities, it is located in the Valley o ...
(2010) **
Michoacán Michoacán, formally Michoacán de Ocampo (; Purépecha: ), officially the Free and Sovereign State of Michoacán de Ocampo ( es, Estado Libre y Soberano de Michoacán de Ocampo), is one of the 32 states which comprise the Federal Entities of ...
(2016) **
Morelos Morelos (), officially the Free and Sovereign State of Morelos ( es, Estado Libre y Soberano de Morelos), is one of the 32 states which comprise the Federal Entities of Mexico. It is divided into 36 municipalities and its capital city is Cue ...
(2016) **
Nayarit Nayarit (), officially the Free and Sovereign State of Nayarit ( es, Estado Libre y Soberano de Nayarit), is one of the 31 states that, along with Mexico City, comprise the Federal Entities of Mexico. It is divided in 20 municipalities and its ...
(2019) ** Nuevo Leon (2019) **
Puebla Puebla ( en, colony, settlement), officially Free and Sovereign State of Puebla ( es, Estado Libre y Soberano de Puebla), is one of the 32 states which comprise the Federal Entities of Mexico. It is divided into 217 municipalities and its cap ...
(2017) ** Querétaro (2017) ** Quintana Roo (2022) **
San Luis Potosí San Luis Potosí (), officially the Free and Sovereign State of San Luis Potosí ( es, Estado Libre y Soberano de San Luis Potosí), is one of the 32 states which compose the Federal Entities of Mexico. It is divided in 58 municipalities and i ...
(2019) ** Tamaulipas (prior to 2022 -- there is no prohibition) ** Veracruz (2016) *
Caribbean Netherlands ) , image_map = BES islands location map.svg , map_caption = Location of the Caribbean Netherlands (green and circled). From left to right: Bonaire, Saba, and Sint Eustatius , elevation_max_m = 887 , elevation_max_footnotes = , demographic ...
(2012) The following countries permit step-child adoption in which the partner in a relationship can adopt the natural and the adopted child of his or her partner: *
Estonia Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, an ...
(2016) *
San Marino San Marino (, ), officially the Republic of San Marino ( it, Repubblica di San Marino; ), also known as the Most Serene Republic of San Marino ( it, Serenissima Repubblica di San Marino, links=no), is the fifth-smallest country in the world an ...
(2018) *
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
(2019) In
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
step-child adoption is not legal and can only be recognized by court order under very limited circumstances.


Africa


South Africa

South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
is the only African country to allow joint adoption by same-sex couples. The 2002 decision of the Constitutional Court in the case of '' Du Toit v Minister of Welfare and Population Development'' amended the Child Care Act, 1983 to allow both joint adoption and stepparent adoption by "permanent same-sex life partners". The Child Care Act has since been replaced by the Children's Act, 2005, which allows joint adoption by "partners in a permanent domestic life-partnership", whether same- or opposite-sex, and stepparent adoption by a person who is the "permanent domestic life-partner" of the child's current parent.
Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
has been legal since 2006, and is equivalent to opposite-sex marriage for all purposes, including adoption.


Americas


Argentina

Argentina allows adoption by same and different-sex marriages, and even by single people, since 2010. The law makes no difference in the requeriments for adoption for any of these.


Canada

Canada has no nation-wide law legalizing same-sex adoption, but rather has smaller provincial laws that cover the entire nation. Same-sex adoption legalization in Canada began with British Columbia in 1996 and was finalized with Nunavut in 2011. By 2013, an Ipsos Global poll showed 70% of Canadians approved of same-sex adoption to some degree with 45% strongly approving.


Chile

Since March 10, 2022, joint parenthood of same-sex couples is legal after the entry into force of Law 21,400 on Equal Marriage, which explicitly guarantees non-discrimination based on
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
and
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...
for custody purposes,
filiation Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec: Filiation is the relationship ...
and adoption whether or not the couples are married or whether or not they had their children through assisted human fertilization. The law amends the Civil Code to recognise as parents of children as their mother and/or father, their two mothers, or their two fathers. A 2021 survey, shows that 65% of Chileans support same-sex adoption.


Colombia

On 4 November 2015, in a 6-2 Constitutional Court ruling, Colombia decided to allow adoption by LGBT peoples. The ruling came before same-sex marriage became legal in the country on 28 April 2016.


Cuba

Cuba allows adoption by same-sex marriages (since September 2022 referendum) and different-sex marriages, and even by single people.


Honduras

As of May 2019, the Honduras Supreme Court is expected to rule on a decision regarding both same-sex marriage and adoption.


Mexico

Same-sex couples are able to adopt in Mexico City (since 2010), Coahuila (2014), Campeche (2016), Colima (2016), Michoacán (2016), Morelos (2016), Veracruz (2016), Baja California (2017), Chihuahua (2017), Querétaro (2017), Puebla (2018), Chiapas (2018), Nayarit (2019), Aguascalientes (2019), Hidalgo (2019), San Luis Potosí (2019), Quintana Roo (2022) and Durango (2022). In
Mexico City Mexico City ( es, link=no, Ciudad de México, ; abbr.: CDMX; Nahuatl: ''Altepetl Mexico'') is the capital and largest city of Mexico, and the most populous city in North America. One of the world's alpha cities, it is located in the Valley o ...
, the Legislative Assembly of the Federal District passed legislation on 21 December 2009 enabling same-sex couples to adopt children. Eight days later,
Head of Government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a ...
("Mayor")
Marcelo Ebrard Marcelo Luis Ebrard Casaubón (; born 10 October 1959) is a Mexican politician who is serving as the Secretary of Foreign Affairs of Mexico. Affiliated with the National Regeneration Movement (MORENA) since 2018, he was appointed to lead the f ...
signed the bill into law, which officially took effect on 4 March 2010. On 24 November 2011, the Coahuila
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
struck down the state's law barring same-sex couples from adopting, urging the state's legislature to amend the adoption law as soon as possible. On 12 February 2014, the state's congress overwhelmingly approved the measure more than two years following the supreme court decision. On 3 February 2017 the SCJN emitted tesis 08/2017 in which it is stated that the family of the LGBT community doesn't end with a couple, but that it also extends onto the right to have and raise children. Therefore, LGBT couples wishing to form a family and adopt children will be legally protected and can't be limited by any governmental entity. In October 2021, a bill was introduced to the legislature of Baja California Sur. In September 2022, a bill was passed in Quintana Roo.


United States

Adoption by LGBT individuals or same-sex couples is legal in all fifty states as of June 2017.


Uruguay

A government-sponspored adoption law in Uruguay allowing LGBT adoption was approved by the lower house on 28 August 2009, and by the Senate on 9 September 2009. In October 2009, the law was signed by President and took effect. According to Equipos Mori Poll's, 53% of Uruguayans are opposed to same sex adoption against 39% that support it. Interconsult's Poll made in 2008 says that 49% are opposed to same sex adoption against 35% that support it.


Asia

LGBT rights for adoption of children in Asia are almost inexistent, except in
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
. Some Asian countries still criminalise same-sex activities, do not have anti-
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of Racial discrimination, r ...
laws, which are an obstacle from legislating for LGBT adoption.


Israel

A January 2005 ruling of the
Israeli Supreme Court ar, المحكمة العليا , image = Emblem of Israel dark blue full.svg , imagesize = 100px , caption = Emblem of Israel , motto = , established = , location = Givat Ram, Jerusalem , coordina ...
allowed stepchild adoptions for same-sex couples. Israel previously allowed limited co-guardianship rights for non-biological parents. In February 2008, a court in
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
ruled that same-sex couples were now permitted to adopt a child regardless of whether the child is biologically related or not to either parent. This marked a watershed in granting equal rights to all gay people in Israel.


Taiwan

Members of same-sex couples can only adopt the biological child of their spouse (so-called stepchild adoptions). Taiwan law allows for opposite-sex married people to jointly adopt, and also allows single individuals to adopt, depending on the circumstances, including individual LGBT people. The same-sex marriage law only grants same-sex couples the right to adopt children genetically related to one of the spouses.


Europe

In February 2006,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
's
Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
ruled that both partners in a same-sex relationship can have parental rights over one partner's biological child. The result came from a case where a woman tried to give parental rights of her two daughters to her partner, with whom she was in a civil union. In the case of adoption, however, in February 2007, the same court ruled against a lesbian couple where one partner tried to adopt the child of the other partner. The court stated that the woman's partner cannot be recognized unless the mother withdrew her own parental rights. On 17 May 2013, French President
François Hollande François Gérard Georges Nicolas Hollande (; born 12 August 1954) is a French politician who served as President of France from 2012 to 2017. He previously was First Secretary of the Socialist Party (France), First Secretary of the Socialist P ...
signed into law the bill that opened marriage and adoption rights linked to it for same sex couples. In 1998, a
nursery school A preschool, also known as nursery school, pre-primary school, or play school or creche, is an educational establishment or learning space offering early childhood education to children before they begin compulsory education at primary schoo ...
teacher from
Lons-le-Saunier Lons-le-Saunier () is a commune and capital of the Jura Department, eastern France. Geography The town is in the heart of the Revermont region, at the foot of the first plateau of the Jura massif. The Jura escarpment extends to the east and ...
, living as a couple with another woman, had applied for an authorization to adopt a child from the ''
département In the administrative divisions of France, the department (french: département, ) is one of the three levels of government under the national level (" territorial collectivities"), between the administrative regions and the communes. Ninety ...
'' (local government) of Jura. The adoption board recommended against the authorization because the child would lack a paternal reference, and thus the president of the ''département'' ruled against the authorization. The case was appealed before the administrative courts and ended before the
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
, acting as supreme administrative court, which ruled against the woman. The
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
concluded that these actions and this ruling were a violation of Article 14 of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
taken in conjunction with Article 8. On 2 June 2006, the
Icelandic Parliament The Alþingi (''general meeting'' in Icelandic, , anglicised as ' or ') is the supreme national parliament of Iceland. It is one of the oldest surviving parliaments in the world. The Althing was founded in 930 at ("thing fields" or "assembly ...
unanimously passed a proposal accepting adoption, parenting and assisted insemination treatment for same-sex couples on the same basis as heterosexual couples. The law went into effect on 27 June 2006. In
Bulgaria Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedo ...
, according to the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justi ...
the laws regarding adoption "lack a norm, concerning the sexual orientation of the individuals". Therefore, a single gay person or same-sex couples may adopt. On 17 May 2013, the
Portuguese parliament The Assembly of the Republic ( Portuguese: ''Assembleia da República'', ), commonly referred to as simply Parliament ( Portuguese: ''Parlamento''), is the unicameral parliament of Portugal. According to the Constitution of Portugal, the parliame ...
approved a bill in first reading allowing "co-adoption" of the biological or adopted child of the same-sex spouse or partner, where that spouse or partner is the only legally recognized parent of the child (e.g. the mother with the natural father not being registered). However, in October 2013 members of parliament opposed to the bill proposed a referendum on the issue and killed a motion to have the second vote in the plenary; the motion on the possible referendum was then considered, but the Constitutional Court declared it unconstitutional. On 14 March 2014, the original bill was rejected in second reading. On 20 November 2015, 5 proposals from several left-wing parties were voted favourably by the new parliament as result of 4 October General Elections. In July 2014 through Life Partnership Act
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = " Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capi ...
recognized an institution similar to step-child adoption called partner-guardian. A partner who is not a biological parent of a child can share parental responsibilities with a biological parent or parents if they agree to it, or if the court decides it is in the best interest of a child. Additionally, a biological parent or parents can temporarily give a partner who is not a biological parent full parental responsibilities. A partner who is not a biological parent can also gain permanent parental responsibilities through an institution of partner-guardian if both biological parents of a child have died, or exceptionally if a second biological parent of a child is unknown, and if the court decides it is in the best interest of a child. In January 2015, the
Constitutional Court of Austria The Constitutional Court (german: Verfassungsgerichtshof or ) in Austria is the tribunal responsible for judicial review. It verifies the constitutionality of statutes, the legality of ordinances and other primary and secondary legislation, sec ...
found the existing laws on adoption to be unconstitutional and ordered the laws to be changed by 31 December 2015 to allow joint adoption by same-sex couples in Austria. On 6 April 2015, the Children and Family Relationships Bill 2015 passed by Parliament in March 2015 which extends full adoption rights to cohabiting couples and those in civil partnerships was promulgated by the President of Ireland. The law went into effect a year later on 6 April 2016. On 20 November 2015 the
Portuguese Parliament The Assembly of the Republic ( Portuguese: ''Assembleia da República'', ), commonly referred to as simply Parliament ( Portuguese: ''Parlamento''), is the unicameral parliament of Portugal. According to the Constitution of Portugal, the parliame ...
approved; by 141 votes against 87 with 2 abstentions; a diploma presented by all the parties (except the right-wing PàF) to allow same-sex adoption. On 26 January 2016, the
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
Portuguese President
Aníbal Cavaco Silva Aníbal António Cavaco Silva, Order of Christ (Portugal), GCC, Order of Liberty, GColL, Order of Prince Henry, GColIH (; born 15 July 1939) is a Portuguese economist who served as the 19th president of Portugal, in office from 9 March 2006 to 9 ...
vetoed the bill and a week later the Portuguese Parliament overridden the veto. The law went into effect on 1 March 2016. On 22 June 2016 the Italian Supreme Court of Cassation upheld a lower court's decision to approve a request for a lesbian to adopt her partner's daughter. Prosecutors had appealed against the decision by the
Rome , established_title = Founded , established_date = 753 BC , founder = King Romulus ( legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
court of appeal. Decisions by the supreme court set a precedent. In December 2020,
Hungary Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Cr ...
explicitly legally banned adoption for same-sex couples within its constitution. In April 2021, a court in
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = " Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capi ...
ruled that same-sex partners have the right to jointly adopt. In May 2022, the High Administrative Court affirmed the ruling and rejected the appeal of the responsible Ministry. In June 2022, the
Constitutional Court of Slovenia The Constitutional Court of Slovenia (in Slovene: ''Ustavno sodišče Republike Slovenije, US RS'') is a special court established by the Slovenian Constitution. Since its inception, the Court has been located in the city of Ljubljana. Jurisdi ...
ruled that same-sex partners have the right to jointly adopt. On 4 October 2022, the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the r ...
(lower chamber of Slovenian parliament) passed the relevant act implementing this judgement, but a week later, the act was vetoed by the National Council (upper chamber of the parliament). This is to be followed by another vote on the act in the National Assembly and potentially a national
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
.


Oceania


Australia

In
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
, same-sex adoption is legal in all states and territories since April 2018.


New Zealand

The Marriage (Definition of Marriage) Amendment Act 2013, which came into force on 19 August 2013, allowed
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
and permitted married same-sex couples to jointly adopt children. Previously, an LGBT individual was able to adopt children, but same-sex couples could not adopt jointly. Currently, there are no specific barriers preventing an LGBT individual from adopting children, except that a male individual cannot adopt a female child. Same-sex marriage law became effective from 19 August 2013, and since then married same-sex couples were able to adopt children jointly. Unmarried couples of any sex and couples in a civil union can now jointly adopt children, under a
New Zealand High Court The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration ...
ruling in December 2015. The ban breached the New Zealand Bill of Rights Act 1990. The minimum age to adopt in New Zealand is 20 years for a related child, and 25 years or the child's age plus 20 years (whichever is greater) for an unrelated child.


Summary of laws by jurisdiction


See also

*
Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
*
Civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
*
LGBT rights Rights affecting lesbian, gay, bisexual, and transgender ( LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, ...
* Heterosexism *
Adoption proceedings of Emma Rose The adoption proceedings of Emma Rose concerned an application for the adoption of a seven-year-old Georgia (U.S. state), Georgia girl, Emma Rose, by Elizabeth Hadaway, a lesbian prospective mother. Judge John Lee Parrott, a judge in Wilkinson Cou ...
* '' Mommy Mommy'', a 2007 documentary about a lesbian adoptive couple * '' Preacher's Sons'', a 2008 documentary about a gay adoptive couple * Catholic Charities USA § Controversies * Same-sex adult adoption


References


Further reading

* Primary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms * Primary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms *Stacey, J. & Davenport, E. (2002) Queer Families Quack Back, in: D. Richardson & S. Seidman (Eds) Handbook of Lesbian and Gay Studies. (London, SAGE Publications), 355–374. * New Zealand Law Commission: ''Adoption- Options for Reform: Wellington: New Zealand Law Commission Preliminary Paper No 38'': 1999:


External links


Gay.com – Adoption and Parenting
– News and Current Events pertaining to the rights and responsibilities of same-sex parents in adopting and parenting

– News story of gay and lesbian adoptive families, and the surrogate and donor family {{Adopt Adoption forms and related practices Adoption, fostering, orphan care and displacement Family law
Adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...