The adoption process can prove vital to securing parental rights for LGBTQIA+ parents. Adoption is especially important to maintain parental rights when a couple is divorcing or separating, and one partner is not biologically related to the child.
Since this area of law is rapidly developing, hiring an Albany LGBTQIA+ adoption lawyer could help you understand your rights.
Adoption provides a path to parenthood for LGBTQIA+ couples in Albany. According to New York Domestic Relations Law § 110, an unmarried person, adult married couple, or unmarried domestic partners are permitted to adopt. Additionally, spouses who are legally separated are allowed to adopt. Nothing prohibits an LGBTQIA+ person’s ability to adopt a child under state law. LGBTQIA+ couples have the same rights afforded to traditional married couples under the New York Marriage Equality Act.
There are two types of adoptions available under state laws: private placement adoptions and agency adoptions.
A private placement adoption is when there is an agreement between the biological parent or parents of a child and the person seeking to adopt. In some cases, the individual seeking to adopt the child is a family member.
An agency adoption is when the child is already under state care. This may happen through foster care or private adoption agencies. Adoption records are also sealed, so there is no public record of the adoptive parents, birth parents, and child.
Regardless of the adoption type, the biological parent must have agreed at some point to sever their parental rights for an adoption to proceed. Additionally, a Court or adoption agency will need to approve the prospective adoptive parents.
Couples must consider how they will share custody of an adopted child in the event of divorce or separation. While couples can always reach an amicable pre-nuptial or post-nuptial agreement to outline their custody and visitation rights, these scenarios often lead to long, drawn-out disputes decided in family Court.
Additionally, many LGBTQIA+ partners have children through alternative methods such as surrogacy or sperm donation. When one of the parents does not share a biological connection with the child, adoption can help secure their parental rights in the event of separation or divorce. State laws have progressed in recent years to address these situations.
For example, the Child-Parent Security Act, New York Family Court Act § 581-101, provides a path for LGBTQIA+ couples to legally establish their parental rights when a child is born through means of assisted reproduction. This eliminates the need for the parents to pursue formal adoption proceedings, provided they adhere to the statute’s guidelines. While the CPSA has greatly improved LGBTQIA+ couples’ ability to clearly establish parental rights, this statute is limited to situations involving gestational surrogacy. However, situations involving traditional surrogacy or other means of assisted reproduction can still present complex issues when only one partner has a biological connection to the child.
Cases such as Matter of Brooke S.B. v Elizabeth A.C.C., 28 N.Y.3d 1 (N.Y. App. Div. 2016) have helped progress laws regarding parental rights for LGBTQIA+ couples. The ruling established a non-biological partner’s ability to request custody and visitation rights when they planned with the biological parent to conceive and jointly raise a child. Obtaining a lawyer to assist with the adoption process could help eliminate any questions regarding parental rights for an LGBTQIA+ parent in Albany without a biological relationship with the child.
A person may also have a child from a prior relationship that their current partner wishes to adopt—also known as a second-parent adoption. If no formal adoption takes place, the step-parent may lose their right to visit the child once the relationship has ended. An experienced Albany legal professional could help an LGBTQIA+ couple with the adoption process when a partner wants to adopt a child from a prior relationship.
When a parent loses their ability to see their child upon divorce or separation, it has a devastating emotional impact. The adoption process is one of the best ways to help secure a non-biological parent’s custody or visitation rights upon separation or divorce. Speak with an Albany LGBTQIA+ adoption lawyer from our firm today during a complimentary consultation.
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