Gay Adoption

Can Gay Men Adopt in the United States?

The short answer is yes, gay men can adopt in the United States. However, second parent adoption and stepparent adoption laws differ state-to-state.


The short answer is yes, gay men can adopt in the United States. However, prospective adoptee parents are advised to look at their own state laws and legislations for second parent and stepparent adoption laws.

When the Supreme Court struck down all bans on same-sex marriage on June 26, 2015, the way was paved for gay adoption to become legal across the country. On March 31, 2016, a Mississippi federal judge ruled that the state's ban on same-sex couples adoption was unconstitutional, making Mississippi the last state to have such a law overturned. Since then, gay adoption has been legal in all 50 states and Washington, DC.

Although gay adoption is legal, there are states in America that permit state-licensed child welfare agencies to refuse to provide services to LGBT people and same-sex couples. These include Texas, Mississippi, Alabama, Virginia, Michigan and North and South Dakota.

Adoption laws are primarily set at the state level, so it is important to research the laws in your particular state to determine the exact steps necessary for adoption. This article is intended to be a general guide and should not be construed as legal advice.

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For more gay adoption related articles, check out these resources and stories.

How do you know if your adoption agency is LGBTQ-friendly? Gay men looking to adopt should ask these questions to find professionals with a proven track record of success working with LGBTQ parents.

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Thinking about adoption? Gay men have more opportunities and options than ever before, but to be successful it is vital to know your options and understand the landscape of adoptions today. Here's an overview of domestic adoption for gay men, both couples and singles.

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These gay men became dads through adoption and whole-heartedly agree that it was worth the wait.

Mitch and Jake live in Asheville, North Carolina, a small city affectionately nicknamed, "the San Francisco of the East Coast." They were married on May 23, 2014, and have been together for over 10 years. Mitch, 38, works in event planning and runs his own business from home. Jake, 32, is a scientist for the National Oceanic and Atmospheric Administration (NOAA). They're new adoptive dads to 5-month-old twins, Aiden and Andrew. Read their story.

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News

Indiana Court Says Couples Using Sperm Donors​ Can Both Be Listed on Birth Certificate — But Ruling Excludes Male Couples

The 7th US Circuit Court of Appeals ruled in favor of the plaintiffs in the case, a major victory for LGBTQ parents — but the Attorney General may appeal to the Supreme Court.

On Friday, a US Circuit Court of Appeals upheld a ruling from a lower court that said that both parents in a same-sex relationship are entitled to be listed on the birth certificate — previously, the state of Indiana had required the non-biological parent within a same-sex relationship using assisted reproductive technologies to adopt their child after the birth in order to get her or his name listed on the birth certificate, a lengthy and expensive process not required of straight couples in the same situation.

It's a double standard LGBTQ parents have long been subjected to in many states across the country. So this represent a major win. As reported by CNN, this ruling "takes a lot of weight off" the shoulders of LGBTQ parents, said Karen Celestino-Horseman, a lawyer representing one of the couples in the case. "They've been living as families and wondering if this was going to tear them apart."

The 7th US Circuit Court of Appeals deliberated the case, according to CNN, for more than two and a half years, which is one of the longest in the court's history.

However, because all the plaintiffs in the case involved female same-sex couples using sperm donors, the ruling left open the similar question of parenting rights with respect to male couples. Indiana's Attorney General, moreover, may also appeal the case to the Supreme Court.

We'll be following the case closely and be sure to keep you up to date. For more on this recent decision, read CNN's article here.

Change the World

'Homosexuality is Wrong' Utah Teacher Tells Boy Who Gave Thanks for His Two Adoptive Dads

The substitute teacher went on to say two men living together is "sinful." She was fired shortly after.

To anyone with a heart, the moment should have done nothing more than bring a tear to the eye. Last week, just before the Thanksgiving break, a substitute teacher in a fifth grade class in Cedar Hills, Utah — just south of Salt Lake City — asked her students to name something they were thankful for this holiday season.

"I'm thankful for finally being adopted by my two dads," said Daniel, one of the boys, when it was his turn.

Rather than grab a tissue to dab her eyes, or ask the classroom to join her in a hearty round of applause to celebrate Daniel finding his forever family, the teacher took it upon herself to impart her personal religious beliefs onto the young boy. "Homosexuality is wrong," the teacher said in front of the class, adding that it was "sinful" for two men to live together.

The teacher, fortunately, was fired from Kelly Services, the substitute staffing company that employed her, quickly after the incident, but the moment is nonetheless receiving widespread attention in the press — no doubt in part because one of the boy's dads, Louis van Amstel of "Dancing With the Stars," posted a video clip to his 76,000 Twitter followers with the title: "Our child was bullied."

"It shouldn't matter if you're gay, straight, bisexual, black and white," he said to the New York Times in a follow up interview. "If you're adopting a child and if that child goes to a public school, that teacher should not share her opinion about what she thinks we do in our private life."

Louis also revealed that the moment may not have come to light were it not for three of his son's classmates, who told the principal about the teacher's bigoted comments. His son, Daniel, didn't want to report the incident for fear of getting the teacher into trouble.

Louis expressed thanks that the staffing company responded as quickly as it did following the incident — and also stressed that his neighbors and community have rallied behind he and his family in the days afterward, offering support. He wanted to dispel stereotypes that Utah, because of its social conservatism and religiosity, was somehow inherently prejudiced.

"It doesn't mean that all of Utah is now bad," he told the Times. "This is one person."

It's also true that this type of prejudice is in no way limited to so-called red states, and incidents like these happen daily. LGBTQ parents and our children are subjected to homophobic and transphobic comments in schools, hospitals, stores, airlines and elsewhere as we simply go about living our lives. These moments so often fly under the radar — many classmates don't have the courage, as they fortunately did in this case, to report wrongdoing. Some administrators are far less responsive than they were here — and most of us don't have 76,000 Twitter followers to help make these moments of homophobia a national story.

All that aside, let's also get back to what should have been nothing more than a heartwarming moment — Daniel, a fifth grade boy, giving thanks to finally being legally adopted into a loving family.

Entertainment

Amazon's New "Modern Love" Series Includes Episode on Open Adoption

The episode is loosely based on the New York Times "Modern Love" essay written by sex columnist and activist Dan Savage.

In 2005, Dan Savage, the gay sex columnist, contributed one of the most talked about essays for the Modern Love column in The New York Times. Better known for his acerbic wit and cutting political commentary, Savage exposed a more vulnerable side in this piece, sharing the highs, lows and everything in between that comes from the experience of pursuing an open adoption.

His son DJ's birth mother was experiencing what Savage called a "slo-mo suicide": homeless by choice, in and out of prison, and surrounded by drugs. Though Savage has chosen an open adoption so that DJ's birth mother would be a presence in his son's life, she often disappeared for months and sometimes years at a time without contacting the family, leaving their young son with lots of questions and no satisfying answers.

The piece ends on a heartbreaking note, with Savage simply seeking some sort of resolution. "I'm starting to get anxious for this slo-mo suicide to end, whatever that end looks like," he wrote. "I'd prefer that it end with DJ's mother off the streets in an apartment somewhere, pulling her life together. But as she gets older that resolution is getting harder to picture."

At the time, many interpreted Savage's story as a cautionary tale for those considering open adoptions. But in 2016, on the Modern Love Podcast, he asserted that was not his intention: "DJ's mom is alive and well," Savage said. "She's on her feet. She's housed. We talk on the phone occasionally. She and DJ speak on Mother's Day and on DJ's birthday." He added that he "would hate to have anyone listen to that essay or to read it — which was written at a moment of such kind of confusion and despair — and conclude that they shouldn't do the kind of adoption that we did," Savage said. "I think that open adoption is really in the best interest of the child, even if … it presents more challenges for the parents. So I encourage everyone who's thinking about adoption to seriously consider open adoption and not to be dissuaded by my essay."

Now, Savage's piece is getting the small screen treatment as one of 9 episodes included in Amazon Prime's adaption of the column. The episode inspired by Savage's essay, "Hers Was a World of One," contains some departures from Savage's original story — Savage's character, played by Fleabag's Andrew Scott, adopts a daughter rather than a son, for example, and the episode concludes closer to the upbeat note struck in the Podcast version of hist story than in the column.

Either way, we welcome any and all attention to the complexities of open adoption. Check out the episode (which also randomly includes Ed Sheeran in a couple scenes) and tell us what you think!

Change the World

Miami Tourism Board Releases Vacation Guide for LGBTQ Families

Miami isn't just about circuit parties! The LGBTQ Family-Friendly Miami Vacation Guide showcases many options for queer parents, too.

As gay people, it can be difficult to find vacation spots that are LGBTQ-friendly out of the normal travel "fruit loop" — New York, Mykonos, San Francisco; repeat. For those of us with kids, the Venn diagram of destinations that are both queer and kid friendly can seem practically non-existent.

Fortunately, that's starting to change as the tourism industry realizes that LGBTQ families are a growing segment of vacationers. One city to quickly pick up on this trend is Miami. While the gays have long flocked to Miami for party weekends, the city has also recently noticed an uptick in the number of LGBTQ visitors who are parents. In response, Miami's tourism board release a guide, LGBTQ Family-Friendly Miami Vacation Guide, that includes loads of options for queer parents and their kids. Amid Miami's legendary circuit parties, it turns out, are tons of family friendly things to do — like the Museum of Science, an eco-adventure theme park, and other kid-focused events all year long.

Who knew?

"When I came onboard as Director of LGBTQ Marketing a little over a year ago, I found that our LGBTQ messaging was centered around our annual events," said Dan Rios, who works with the Greater Miami Convention and Visitors Bureau. Massive parties like the White Party and Aqua Girl are a central part of the city's LGBTQ offerings, he said, but he was also worried the city was "developing a reputation solely as a party destination. "I want to diversify that message to highlight everything else that Greater Miami has to offer."

Hence the city's family-friendly guide that includes offerings within "art and culture, dining, beaches, fitness," Dan said. "We have unique and amazing family attractions that we had been promoting to our general audiences for decades. I saw this as an opportunity; an opportunity to introduce our attractions to LGBTQ families, and an opportunity to further promote our attractions -- it was a win-win."

Dan said the Bureau is also in the midst of a campaign that will prominently feature LGBTQ parents within different travel destinations throughout the city, which will be featured throughout both LGBTQ and mainstream websites, publications and advertising.

We applaud the effort to reach out to LGBTQ families, and hope more cities follow Miami's lead! Be sure to check out the guide here.

Gay Dad Life

Gong Hei Fat Choy! Happy Chinese New Year!

As we usher in the year of rat, we asked some of our dads how they honor this special time.

Today we're celebrating, alongside our families, the Chinese New Year! As we usher in the year of rat, we asked some of our dads how they honor this special time, what they do to celebrate, and how they're instilling these traditions in their kids. Here are some of their responses.

Keep reading...
Personal Essays by Gay Dads

As a Gay Dad, What's the Impact of Letting My Son Perform Drag?

Michael Duncan was excited when his 10-year-old son asked if he could perform in drag for charity — but he also felt fear and anxiety.

As LGBT parents, we have all lived through some sort of trauma in our lives. For many it is the rejection of our family, being bullied, or abuse. We learn to be vigilant of our surroundings and often are very cautious of who we trust. As adults, we start to become watchful of how much we share and we look for "red flags" around every corner.

So, what effect does this have on our children? Does it unintentionally cause us to be more jaded with our interactions involving others? For some the answer may be a resounding "no." But as we look deeper into the situation, we often find that through survival our interactions with others have changed and we may not even realize exactly how much we are projecting on those around us.

Keep reading...
Diary of a Newly Out Gay Dad

A Gay Chiropractor Explains Why He Came Out to His Patients

After Cameron Call, a chiropractor, came out to his family this past year, he knew he had one more step to take — he had to come out to his patients

Fear is an interesting thing. It motivates when it shouldn't, shows at inconvenient times, and is the author of stories that do nothing but hold us back. I would argue though, too, that fear has some good qualities. I believe it helps us to feel. And I think it can be a great teacher as we learn to recognize and face it.

For years fear prevented me from embracing my truth and accepting a large part of who I am. I know I am not alone in that regard. But for so long my fear convinced me that I was. Fear is what kept me from ever telling my parents or anyone growing up that I am gay. Fear mingled with strong religious teachings, embraced at a young age, which led me to believe that I could cure myself of my attractions to the same gender. And fear is a part of what kept me in my marriage to a woman for over ten years.

Keep reading...

Fatherhood, the gay way

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