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LGBTQ adoption: What you should know

On Behalf of | Jul 6, 2021 | Adoption |

When you want to start a family, your sexual orientation should never stop you. For some LGBTQ couples, however, it does. In 2015, the legal landscape started to change for LGBTQ-headed families in the United States when the Supreme Court ruled that states must grant and recognize marriages between same-sex couples. With that said, complications still remain. For example, one legal process that LGBTQ couples frequently run into difficulties with is adoption.

While many laws have changed since 2015, each state still has the right to establish its own LGBTQ discrimination policies for adoption placement. As a result, many organizations still openly discriminate against couples based on sexual orientation. If you are already familiar with some of these challenges, do not give up hope.

The right to adopt

Although you may run into pushback from some adoption agencies or individuals, you have the right to adopt. In 2016, the Federal District Court ruled against a ban on same-sex adoptions in Mississippi, and in 2017, the U.S. Supreme Court reversed a gender-requirement law for birth certificates. As a result, U.S. LGBTQ couples can now legally adopt.

Adoption options

When it comes to adopting, you typically have three options. Some couples choose to adopt from private agencies, and in these cases, the child is usually an infant. Some couples adopt through the foster care system, and others adopt internationally. At the end of the day, some agencies will be easier to work with than others, but there is no reason why being LGBTQ should stop you from adopting, especially if you have an experienced attorney.

If you are LGBTQ, and you are ready to start your family, do not let outdated mindsets or policies hold you back. You may have more options than you realize.


Contact Dorothea G. Aguero, Attorney at Law, P.C.