Repeat off

1

Repeat one

all

Repeat all

The second-parent adoption process wasn’t designed for LGBTQ+ couples. It’s time to modernize it.
May 17 2025, 08:15

Imagine this: You’ve just welcomed a child into your family, and yet, as a non-biological parent, you’re unsure of your legal rights in emergencies — whether it’s making medical decisions or securing custody. For many LGBTQ+ families, this uncertainty is a harsh reality, especially for couples who build their families through IVF, surrogacy, or sperm/egg donation, where only one parent is biologically related to the child.

In the early days of parenthood, LGBTQ+ families should be focused on bonding with their child, not fighting to be legally recognized as parents. Non-traditional families deserve the same rights and protections as everyone else, and streamlining the second-parent adoption process would make that a reality.

The second-parent adoption process allows the non-biological parent to gain full legal rights and is critical for many LGBTQ+ families. But it’s also complicated, costly, and time-consuming, and getting there isn’t easy.

Related

The war on DEI is coming for LGBTQ+ parents but this group says it’s got your back
To every LGBTQ+ person out there wondering if parenthood is possible for you: Yes, it is. 

Dive deeper every day

Join our newsletter for thought-provoking commentary that goes beyond the surface of LGBTQ+ issues
Subscribe to our Newsletter today

One big problem is that the process can’t even begin until after the child is born, which creates serious legal uncertainty in the early days of a baby’s life.

To get started, the couple usually meets with a family attorney. From there, depending on the state, there may be a required physician’s exam for both the child and the non-biological parent. Then there might be a home visit from a social worker, a court hearing, and finally, a judge’s approval. The social worker may interview other children in the household, check the cleanliness and safety of the home, and evaluate the second parent’s income, employment, and health insurance. If couples aren’t exhausted yet, they may still have to go through a lofty background check.

Sometimes, certain requirements are waived on a case-by-case basis, but in several states, there remain many hoops to jump through.

I’m advocating for nationwide reform to streamline the second-parent adoption process, making it quicker, more affordable, and less stressful for families. Right now, the process is often long, expensive, and emotionally draining, especially for LGBTQ+ families who already face enough challenges. Simplifying the process would help more families establish legal parental rights without all the unnecessary delays.

Of course, there’s some opposition. Anti-LGBTQ+ critics do not want to reduce legal barriers and make it easier for gay couples to build families. Some don’t want these reforms to open the door to more diverse family situations, like polygamous relationships. Some worry that streamlining the process could lead to less thorough vetting, which they argue might put children at risk by placing them in unsafe or unstable environments.

But it’s time to modernize the system. Removing certain requirements like home inspections and in-court hearings could make a big difference. These steps can cause a lot of stress for prospective parents and may even discourage some from pursuing a second-parent adoption at all. Making the process easier would not only reduce stress but also make the process more accessible and less overwhelming for families.

Plus, there’s the big hurdle: cost. Legal representation, court fees, and other expenses can add up quickly, making the process hard to afford, especially for families with lower incomes.

The bottom line: A simplified adoption process would benefit both parents and children. When it’s easier for parents to secure legal rights, it means they can make decisions about their child’s health, education, and future. It also promotes family unity and security and reinforces the idea that all families, no matter their structure, deserve full legal recognition.

Subscribe to the LGBTQ Nation newsletter and be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.


Comments (0)