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The Legal Requirements for Stepparent and Adult Adoptions

Other Gay Parenting Scenarios – Legal Requirements for Stepparent and Adult Adoptions

Beyond adoption and surrogacy there are other possible parenting scenarios for gay men that fall into either of these two categories:

  • Stepparent Adoption – this process is easier than a traditional adoption because it does not require a court investigation or hearing. It requires:

  • You must be married to or in a registered domestic partnership with the birth parent of the child.
  • If there is a second living birth parent, he or she must consent to terminating his or her parental rights. (Or you must prove that he or she is unfit or abandoned the child - a much more involved process.)
  • You or your attorney must fill out the adoption request paperwork, file them with the court, and you will be approved as the legal parent of the child.

  • Adult Adoption – this is not recognized in a minority of states, however, adult adoptions are often used to establish inheritance rights for individuals over the age of 18 or 21 that could not otherwise be adopted traditionally. Adult adoptions are also helpful for formalizing parent-child relationships and for care-related needs of children with disabilities or certain special needs. This is simply a process of filling out the required paperwork for your state and filing it with the court. The process generally requires consent of your spouse and the adopted adult’s spouse (if married).
  • For more coverage on adoption and additional topics surrounding gay dating, marriage, and divorce, please visit my blog at theproblemgays.com or Instagram.

    Adoption can be a complicated legal process and varies drastically based on the particulars of your situation. This article is intended to be a general guide and should not be construed as legal advice. Only a licensed attorney in your state can advise you on your legal rights and obligations.

     

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