Are second parent adoptions treated like traditional step-parent adoptions?
While the law is now clear and these cases should be handled no differently than typical step-parent adoptions, the road to adoption is not without its potential bumps. And some bumps can be very serious. Parents should have an attorney experienced in these particular cases because the adoption court retains considerable discretion to grant or deny these adoptions based on the evidence presented. A court concerned about the parents’ sexual orientation, and thus inclined to deny an adoption for that reason, may need to be persuaded that the adoption is in the child’s best interests. An attorney experienced in second parent adoptions for lesbian and gay couples can help select a home study agency knowledgeable in dealing with, and friendly toward, same-sex couples. A positive home study is an important part of an adoption. Also, in cases where there is a concern that the court will have issues with the parents’ sexual orientation, parents should make sure their attorney is familiar with
