Can a gay couple adopt? Are they both legally the childs parents?
Gay couples can adopt anywhere in the United States, with exception to Florida and Mississippi. Other states have some exceptions as of 2010:
- Arkansas: In 2008, prohibits adoption by individuals “cohabiting with a sexual partner outside of marriage.” The law applies “equally to cohabiting opposite-sex and same-sex individuals.”
- Michigan: Same-sex couples married in other jurisdictions are not legally authorized to jointly adopt children.
- Utah: Adoptive parents must be married. Preference is given to married couples over single adults in adoption placement decisions. Marriage is restricted to opposite-sex couples.
- Nebraska: Individuals “known by the agency to be homosexual or who are unmarried and living with another adult” are prohibited from adoption, but the policy is not strictly enforced. Marriage is restricted to opposite-sex couples.
With civil unions and gay marriage rights moving forward, gay couples increasingly are able to have joint parental rights over adopted children. Co-parent adoption is a current option available to gay couples during the adoption process.
