The second-parent adoption or co-parent adoption is a process by which a partner, who is not biologically related to the child, can

adopt 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, from ...

their partner's biological or adoptive child without terminating the first legal parent's rights. This process is of interest to many couples, as legal parenthood allows the parent's partner to do things such as: make medical decisions, claim dependency, or gain custody in the event of the death of the biological parent. Second-parent adoption is relevant in the context of LGBTQ+ adoption. In the United States, second-parent adoption was started by the

National Center for Lesbian Rights The National Center for LGBTQ Rights (formerly the National Center for Lesbian Rights) is a non-profit, public interest law firm in the United States that advocates for equitable public policies affecting the lesbian, gay, bisexual, and transgend ...

(formerly the Lesbian Rights Project) in the mid-1980s. The NCLR offers a legal guide that covers the basics of second-parent adoption. According to the NCLR, second parent adoption is the most common means by which LGBTQ+ non-biological parents establish a legal relationship with their child. Family law varies from state to state in America. Courts in many states have granted second-parent adoptions to same-sex couples, though there is no statewide law or court decision that guarantees this. In fact, courts within the same state but in different jurisdictions often contradict each other in practice. According to the NCLR, it is legally advisable for LGBTQ+ parents to get an adoption or parentage judgment to ensure that their parental rights are fully protected in every state.Legal recognition of LGBT families
NCLR The

American Medical Association The American Medical Association (AMA) is an American professional association and lobbying group of physicians and medical students. This medical association was founded in 1847 and is headquartered in Chicago, Illinois. Membership was 271,660 ...

(AMA) supported second parent adoption by same-sex partners, stating that lack of formal recognition can cause health-care disparities for children of same-sex parents. The

American Academy of Pediatrics The American Academy of Pediatrics (AAP) is the largest professional association of pediatricians in the United States. It is headquartered in Itasca, Illinois, and maintains an office in Washington, D.C. The AAP has published hundreds of poli ...

also supports second parent adoption. The American Academy of Child and Adolescent Psychiatry says they oppose all discrimination based on sexual orientation or gender identity regarding custodial, foster, or adoptive rights. The

American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...

supports second parent adoptions by unmarried persons, saying it is in the best interest of the child. Countries other than America similarly support second-parent adoption. In July 2011, The Ministry of Labour, Family and Social Affairs of

Slovenia Slovenia, officially the Republic of Slovenia, is a country in Central Europe. It borders Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the south and southeast, and a short (46.6 km) coastline within the Adriati ...

stated that the existing law allows for second-parent adoption. In the context of LGBTQ+ adoption and parenting in

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, As of 2008, the best option was to apply to the

Family Court of Australia The Family Court of Australia was a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Fed ...

for a parenting order, as ‘other people significant to the care, welfare and development’ of the child. It provides an important "status quo" if the birth mother were to die, preventing other family members from taking immediate custody of the child. An adoption home study must be completed for any second-parent wanting to adopt. The adoption home study process ensures that the child is placed in a home that will best suit their needs. This process is dependent upon the state in which the adoption will take place.

United States

If second-parent adoption is not a legal option in certain counties or states, the

Human Rights Campaign The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for L ...

suggests taking precautionary steps, such as: a written custody agreement or a co-parent agreement between partners. Also suggested is gathering evidence to prove you are a family. Note that where second parent adoption is illegal, it is illegal for both different sex and same-sex couples. World same-sex adoption laws

States that allow second-parent adoption

California

In 2014, California enacted the Modern Family Act. Assembly Bill 2344 became Section 9000.5 of the Family Code. It speeds up the second-parent adoption process for couples that include the child's birth mother or parent who used a gestational surrogate.

Nebraska

Nebraska Nebraska ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Ka ...

, any single adult, stepparent, or married couple may adopt. In a 2002 court case, ''In re Adoption of Luke'', 263 Neb. 365, the Supreme Court of Nebraska ruled that a biological parent's unmarried partner could not adopt their child in a second parent adoption. In 2021, an unmarried lesbian couple sued Nebraska's health department for not allowing both of them to be on their son's birth certificate. The Nebraska Department of Health and Human Services denied their request. They stated that the only routes to legal parenthood are

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

, adoption, or biological relationship. According to the lawsuit, Nebraska case law prohibits second-parent adoption by an unmarried non-birth parent. , Nebraska law says that "any minor child may be adopted by any adult person or persons", though it references ''In re Adoption of Luke''. A bill introduced in January 2025 proposes amending the law to require the original parent to give consent that states specifically that they, as sole legal parent, want "the child or adult child to be adopted by a second adult person."

States with restrictions

Alabama

The Family Equality Council wrote in 2016 that second parent adoptions were unavailable in

Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...

. Nonetheless, in 2016, in V.L. vs E.L., the

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ruled that the Full Faith and Credit Clause of the Constitution requires the Alabama state courts to recognize a Georgia state court’s adoption order. This followed an attempt by the

Alabama Supreme Court The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of a chief justice and eight associate justices. Each justice is elected in partisan elections for staggered six-year terms. The Supreme Court is hous ...

to overturn a second parent same-sex adoption that had been validly granted by

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.Alabama LGBTQ Family Law
(November 2016) familyequality.org Stepparent adoption is legal in Alabama.Adoption by LGBT Parents
NCLR " e first requirement to be met", said a 2022 article published by the Alabama State Bar, "is that the petitioning parties be 'husband and wife.' The adoption code makes no exception for couples living together who are not married." The law was updated in 2023 to use the phrasing "an unmarried couple may not adopt a minor" but kept the requirement of marriage. Additionally, some courts have turned down requests to adopt a same-sex spouse’s child.

Kansas

The law says: "Any adult, or married adult couple jointly, may adopt any minor or adult as their child."

North Carolina

North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...

, married couples can jointly adopt if they've been married at least six months. A biological parent's spouse can adopt their child if the other biological parent waives their parental rights. This is called a stepparent adoption. Individuals can adopt as well. However, unmarried couples cannot adopt together. Second parent adoption is illegal.

Utah

To adopt in

Utah Utah is a landlocked state in the Mountain states, Mountain West subregion of the Western United States. It is one of the Four Corners states, sharing a border with Arizona, Colorado, and New Mexico. It also borders Wyoming to the northea ...

, one must either be married and have permission from their spouse (i.e., stepparent adoption) or single and not living with another person. Anyone cohabitating in a non-marital sexual relationship cannot adopt in Utah. The adoptee must also be 10 years younger than the adopter. While there is no law specifically permitting unmarried couples to adopt (i.e., second parent adoption), Equality Utah says it is possible to obtain these adoptions.

References

{{reflist Family law Adoption, fostering, orphan care and displacement LGBTQ rights de:Adoption#Stiefkindadoption la:Status liberorum parentum eiusdem sexus#coadoptio