Second-Parent Adoption in My State

As a couple having reproductive challenges, you choose to use assisted reproduction, such as an egg or sperm donor. The baby that’s eventually born to you and your partner is, without question, your baby. Unfortunately, in the eyes of some states, it’s not so clear when a non-biological partner is involved.

Second-parent adoption is the legal adoption process to allow a non-biological parent to adopt their partner’s biological child. Married couples of any sex can adopt a child in all states. However, the process is more complex when couples are not married. Some states do not allow second parent adoptions for unmarried couples.

Adoption laws vary by state. To find out how to make sure you have legal rights to protect your child, consider a second-parent adoption. An adoption lawyer can explain the legal process and make sure adoptive parents have legal protections regardless of marital status. Contact an experienced adoption attorney for legal advice.

What Is Second-Parent Adoption?

Second-parent adoption, also called a co-parent adoption, is a type of adoption where a non-biological partner adopts their partner’s child. The adoptive parent does not go through the process of terminating another parent’s legal rights.

When biological parents give birth to a child, each parent is a legal parent. If one parent later wants a new partner to be the child’s legal parent, the other biological parent must first give up their legal parenting rights. Then the new parent goes through the process of a stepparent adoption to become a legal guardian.

Second-parent adoptions developed in the 1980s as a way for LGBTQ+ couples to establish legal parentage. It continues to be a way for LGBTQ+ families to establish a legal parent-child relationships.

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Second Parent Adoption Changes

Some states found ways to allow LGBTQ+ parents to legally adopt their child before Obergefell v. Hodges legalized same-sex marriage nationwide in 2015. Second-parent adoptions were mostly associated with unmarried LGBTQ+ couples. For example, in 2003, the Pennsylvania Supreme Court decided such couples could file an adoption petition when a non-biological partner was present.

Considered a win at the time, it still wasn’t ideal, notes family law attorney Helen Casale of Hangley Aronchick Segal Pudlin & Schiller in Plymouth Meeting, Pennsylvania. “There was often anger from my clients, like, ‘Why do we have to go through this extra process of second-parent adoption?'”

However, all that changed with marriage equality. Now that same-sex couples can legally marry, their adoptions fall under the stepparent category. But, just because such unmarried couples have the right to marry, the legal adoption process is still just as important, Casale says.

Same-Sex Parent Adoption Process

“Now that same-sex marriage is legal, when a child is born during the course of a marriage, the other parent is the legal parent,” she says. “But they still need to go through the legal process because the law can be pretty sketchy when it comes to parental rights.”

The good news is that the adoption process is much less cumbersome now. “There used to be a home-study evaluation, which was pretty stressful and could be highly emotional,” Casale says. “There were also many more clearances required, and the process was a lot more expensive.”

However, unmarried couples can still face many legal challenges when trying to get legal parenting rights.

Second-Parent Adoptions by State

When To Pursue Second-Parent Adoption

Casale advocates for adoption in any case where a non-biological parent is involved.

“If a couple who came into my office were husband and wife, but the husband was unable to get his wife pregnant for whatever medical issues, and the two relied on donated sperm, I am absolutely saying to this couple, ‘You need to go through the second-parent adoption process.'”

It can be a raw place to press when telling a parent who already loves an unborn child that, technically, you should get that love decreed by state law, but it’s worth it in the end, Casale notes.

“I tell my clients to think of it as what it is: a major inconvenience filled with tons of paperwork to file, clearances to get, and exhaustive records going back years — but, in the end, you’ve helped secure the future of your child.”

An Adoption Lawyer Can Help Secure Your Legal Rights

Having an adoption attorney involved is critical to ensure you file all the right documents and forms on time. It can be a difficult process for married couples to navigate on their own, as the filing requirements may vary from county to county. “Not having a lawyer to guide you through could really cause a problem,” Casale says. “For example, errors could cause you to not get scheduled [for your hearing] and you have no idea why that’s happened.”

For those beginning the journey, Casale has this advice: “Please put it top of mind, and particularly, get all the work done before the baby is born,” she says. “I can’t file until after the child is born, but if you wait and are trying to do all this with a newborn added to the equation, it can make things very difficult. If you do things right, it’s actually a pretty streamlined process.”

The final step is the decree hearing. “Not only are they short and sweet—about 20 or so minutes and rather anti-climactic — but I have found every judge I’ve been in front of at these hearings to be very supportive and pleasant,” Casale says. “It’s my favorite part of the job.”

Get Help from an Adoption Lawyer

If you have questions or concerns about family law, talk to a family lawyer. An adoption lawyer can explain the importance of a legal adoption, even for married parents. Contact an experienced adoption lawyer to protect your legal relationship with your child.