Partners in an LGBTQIA+ relationship have several options to explore having a child. In addition to assisted reproduction methods, adoption may provide another path to parenthood.
LGBTQIA+ individuals can also adopt their partner’s children, even when there is no blood relationship. When considering your options, retaining a Saratoga Springs LGBTQIA+ adoption lawyer may help you navigate the process to protect your parental rights. Schedule a complimentary consultation with a seasoned adoption attorney today.
LGBTQIA+ community members have the same rights as any other married couple under state law. Per New York Domestic Relations Law § 10-A, the government cannot deprive a person of the legal rights, benefits, and protections from marriage based on the sex or gender of their marital partner.
These include the right to adopt a child, which adult married persons and unmarried domestic partners are allowed to do under N.Y. Dom. Rel. Law § 110.
In addition, state law explicitly prohibits adoption agencies from discriminating against applicants based on factors such as sex, sexual orientation, gender identity or expression, or marital status, according to NY Compilation of Codes Rules & Regulations tit. 18 § 421.3.
The statute clarifies that gender identity or expression refers to when an individual’s perceived gender, appearance, or behavior differs from what is traditionally associated with the sex assigned to a person at birth.
Since this area of law is still developing, obtaining a Saratoga Springs lawyer may help people in the LGBTQIA+ community understand their legal rights when pursuing adoption.
Legal status as a parent is important because it grants specific rights, including the right to make educational, religious, or medical decisions on their children’s behalf. Establishing parentage is especially important for LGBTQIA+ parents, who may not share a biological connection to a child.
However, a parent’s name on a child’s birth certificate does not necessarily guarantee that the person’s legal parental rights can withstand a challenge in Court.
A parent without a biological link to the child may establish their legal parental rights through several methods, such as a Court judgment of parentage.
Additionally, when parents have a child through assisted reproduction, filing a voluntary acknowledgment of parentage (AoP) can establish legal parental rights for both parents without having to pursue adoption.
However, AoPs are not available in situations involving surrogacy. These may require the parents to enter into an agreement that shows they consented to have a child through surrogacy.
Adoption also allows LGBTQIA+ parents to firmly establish their legal parental rights, particularly when only one spouse or partner is related to the child. A second-parent adoption allows the partner or spouse of a child’s legal parent to pursue adoption with the consent of the biological parent despite not having a biological connection with the child.
Since many LGBTQIA+ partners have children who do not share a biological relationship, establishing parental rights through adoption is often crucial to preserving custody or visitation rights in the event of separation or divorce.
If a parent fails to establish parental rights, they do not have a legal right to custody or visitation privileges with the children upon a divorce. This can adversely affect a child and a non-biological parent who has formed a strong emotional bond.
An LGBTQIA+ adoption lawyer may be able to secure non-biological parental rights for their client in Saratoga Springs.
Establishing parental rights through adoption can help a non-biological parent maintain a relationship with a child that they have cared for and formed a close connection with.
Whether you are seeking to adopt from an agency or the child of your partner or spouse, schedule a complimentary consultation with a Saratoga Springs LGBTQIA+ adoption lawyer today. Our compassionate family attorneys are here to make adoption a smoother process.
Colwell Law
N/a
518-462-4242