Adoption and Same-Sex Couples: Types of Adoption

Same sex parents looking to adoption can opt for one of the many types of adoption. However each type looks at the sexual orientation of the adoptive parents differently. The openness of the prospective parents towards disclosure of their sexual orientation will depend on the state law, their personal feelings about disclosure and the questions are asked by the social worker/agency.

One thing same sex couples looking to adopt or for that reason any prospective parent should keep in mind it that there is a big difference between not disclosing and deliberately providing false or incorrect information during the adoption process. While the issue of sexual orientation can be completely omitted from the adoption process, it is illegal to lie if asked about sexual orientation during the process. Lying or providing false or incorrect information will be considered as fraud and the adoption process will be terminated.

Public Agency Adoption

The state adoption law and the agency’s attitude towards same sex parenting are vital factors in ensuring the success of a same sex adoption. States like California and New York have laws against discrimination of same sex couples wanting to adopt. Public agencies are prohibiting from discrimination against same sex couples but prejudices still exist. A social worker who is against same sex parenting will not fine same sex couples fit for being adoptive parents.

States laws vary on who can adopt. The final decision is left to the courts. The local sentiments about same sex adoption can influence the outcome of an adoption petition. The judge will consider the best interest of the child. This concept is interpreted differently by different courts.

Private Agency Placements

Private agencies have their own criteria for selecting prospective adoptive parents. They will consider many factors including sexual orientation. Some agencies do not consider sexual orientation. They look at it as a single person wanting to adopt a child but living with another adult who is willing to share the responsibility of raising the child.

Independent and Open Adoption

Independent adoption is adoption made “independent” of an adoption agency. It may be facilitated by an attorney, doctor, or clergyman, or involve a direct link between the birth parents and adoptive parents. An independent adoption is not necessarily an open adoption. Open adoptions are those in which expectant and prospective adoptive parents identify (find) each other and then obtain the services of an independent adoption facilitator or adoption agency in arranging and finalizing an adoption. If the birth parents have no problem with the sexual orientation of the adoptive parents, then is type of adoption can work well.

International Adoption

To adopt a child from abroad, the same sex parents must find an agency that will willing to work with them despite their sexual orientation. The information about the sexual orientation will be disclosed to the authorities in the foreign country. In some countries, the authorities may not be receptive to same sex parents adopting children.

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