Sexual Orientation, Gender Identity, and Adoption Law

• Author: Rachel H. Farr,Abbie E. Goldberg
• Published date: 01 July 2018
• DOI: http://doi.org/10.1111/fcre.12354
• Date: 01 July 2018

SEXUAL ORIENTATION, GENDER IDENTITY, AND ADOPTION LAW

Rachel H. Farr and Abbie E. Goldberg

The legal landscape surrounding adoption by lesbian, gay, bisexual, transgender, or questioning/queer (LGBTQ) parents con-

tinues to be dynamic and variable across the United States, yet the topic is generally viewed favorably by Americans and

increasing numbers of LGBTQ adults are becoming adoptive parents. In this essay, we explore intersections of sexualorienta-

tion, gender identity, and adoption law. We discuss connections between parenting (including adoption) and marriage rights,

highlight the influence of varying legal contexts and discrimination for LGBTQ adults who pursue adoption (including case

examples from Florida after the gay adoption ban was lifted), and incorporating the perspectives of adoption-agency person-

nel working with LGBTQ clients.

Key Points for the Family Court Community:

•Adoption laws surrounding parenting by LGBTQ persons vary across the United States and remain in a dynamic state

of flux, despite overall gains in legal equalities for the LGBTQ community (such as federal same-sex marriage

equality).

•The research evidence is clear that in the face of legal barriers, stigma, and discrimination, LGBTQ parents and their

children may experience psychological difficulties.

•Adoption and legal professionals, as well as other practitioners who work with LGBTQ-parent families, should demon-

strate appropriate cultural competency in working with gender and sexual minority individuals, including adequate

training and education regarding current federal and state laws related to the adoption of children.

Keywords: Adoption; Adoptive Families; Children; Family Law; Lesbian and Gay; LGBTQ; Parenting Rights; and

Transgender.

Adoption by same-sex couples is increasingly seen as acceptable by Americans (Donaldson

Adoption Institute, 2016a; Gates, 2015) and adoptions are on the rise among lesbian and gay

(LG) people (Gates, 2011). In the United States, same-sex couples are more likely than heterosexual

couples to have adopted children (Gates, 2013), the numbers of LG adoptive parents nearly doubled

across the first decade of the millennium (Gates, 2011), and many transgender and gender noncon-

forming (TGNC) adults express an interest in adoption as a “first-choice”route to parenthood

(Dickey, Ducheny, & Ehrbar, 2016). Numerous adoption agencies and organizations work with les-

bian, gay, bisexual, transgender, and questioning/queer (LGBTQ) clients and provide resources to

adoptive families headed by LGBTQ parents (Brodzinsky, 2012; Human Rights Campaign [HRC],

2017; Path2Parenthood, 2016). LGBTQ parents often seek out such resources, as well as competent

legal and adoption professionals, in pursuing adoption (Moyer & Goldberg, 2016; Park, Kazyak, &

Slauson-Blevins, 2016). Despite social advances, there remain various legal obstacles to adoption

by sexual- and gender-minority parents. In this article, we describe legal considerations for LGBTQ

adoptive parents, including pathways to adoption, intersections with legal professionals such as

attorneys and judges, and laws regarding second-parent and joint adoptions. We acknowledge that

more information is generally available regarding sexual-minority (i.e., LGBQ) than gender-

minority (i.e., TGNC) parents, yet we have made efforts to be inclusive of all LGBTQ persons who

form their families through adoption, in part by including the perspectives of several adoption-

agency personnel about how TGNC issues intersect with contemporary adoption practice.

There are numerous reasons for and pathways to adoptive parenthood. For instance, sexual and

gender minority adults may adopt to fulfill a desire to parent, provide families and homes for

Correspondence: rachel.farr@uky.edu; agoldberg@clarku.edu

FAMILY COURT REVIEW, Vol. 56 No. 3, July 2018 374–383

© 2018 Association of Family and Conciliation Courts