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Second-Parent Adoption for LGBTQ+ Parents


In 2015, the Supreme Court made a landmark decision in the case of Obergefell v. Hodges, making same-sex marriage legal. Although the restrictions on adoption by same-sex couples have decreased since then, it important now more than ever to protect your rights as a parent. Options such as open adoption, closed adoption, international adoption, and independent adoption exist for same-sex couples wishing to adopt a child that is not biologically related to them. What are the options when one partner is the biological parent of the child, and the other is not? A second-parent adoption allows the second partner to take a role as the other legal parent of the child.

Many same-sex couples choose to have a child through processes such as surrogacy or donor insemination. Usually, this means that one partner will be the biological parent of the child, even though both partners will raise the child as their own. Second-parent adoption works a lot like stepparent adoption in this way. It allows the nonbiological parent the same rights to raise the child, without interfering with the parenting rights of the biological parent. When both partners have legal parenting rights, there are benefits for both the child and the family’s relationship. The attorneys of Diggs & Sadler recognize how important it is to protect the rights of same-sex couples and parents. If you are considering second-parent adoption, our attorneys can guide and represent you throughout the entire process, which can be complex and daunting.

Benefits of Second-Parent Adoption

Adoption protects the rights of the second-parent if the partners stay together, get married, or even break up. No matter the status of the couple’s relationship, second-parent adoption can benefit the parents and child. The benefits of second-parent adoption are as follows:

  • Having two legal and equal parents can provide stability for the child
  • Adoption holds both parents accountable even if the couple breaks up
  • Both parents are responsible for the child financially and emotionally
  • In the event one parent dies, the other parent will be there to raise the child

If you or a loved one are a non-biological parent considering a second-parent adoption, contact an attorney to learn about the adoption process and the rights you are fighting to have.

Contact Us

If you or someone you love is seeking a second-parent adoption, contact the attorneys of Diggs & Sadler. We have experience in protecting the rights of same-sex couples, as well as experience with adoption cases. Our attorneys are here to help you achieve the family you have always dreamed of having. To learn more about our team, contact us at 713-766-5355 today.

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