Gay Adoption Laws — Where Can Same-Sex Couples Adopt?

Throughout the history of gay adoption, same-sex couples have often faced barriers to growing their families and have had to fight for equal adoption rights. Fortunately, today there is much more support and acceptance for same-sex marriage and adoption, and all states now allow LGBTQ adoption.

Mississippi was the last state to overturn laws banning LGBTQ adoption, which a federal judge deemed unconstitutional in 2016. Combined with the federal marriage equality ruling in 2015, this court decision now protects the right for gay couples to adopt throughout the United States. However, like opposite-sex couples, there may still be restrictions on adoption laws for gay couples based on marital status, from state to state. Learn more about eligibility requirements to foster or adopt a child in your state.

While LGBTQ couples can adopt jointly in all 50 states, some adoption professionals are more LGBTQ-friendly than others. Since the Supreme Court ruling in 2015, some states have advanced legislation that gives private adoption professionals the ability to discriminate on the basis of sexual orientation.

If you are pursuing adoption for your family, choose an adoption agency like American Adoptions that is welcoming of LGBTQ parents and has experience in completing same-sex adoptions.

Same-Sex Adoption: Pros and Cons

Adoption is a great way for same-sex couples to grow their families, but there are some advantages and challenges of adoption to take into consideration before beginning the process. The pros and cons are the same for LGBTQ adoptions as they are for any other adoption — someone’s sexuality has no impact on their ability to be an amazing parent and their chance of experiencing challenges in the adoption process.

In general, LGBT parents enjoy all of the same benefits of adoption as other adopting parents, including:

In addition, children of same-sex couples may have the added advantage of being more open-minded and sympathetic to differences, and they will enjoy all of the stability and benefits of being raised in a two-parent home.

While the benefits of adoption are clear, gay adoptive parents will likely also face many of the same challenges that heterosexual adoptive parents experience: addressing their children’s racial or cultural identity, managing birth parent relationships in an open adoption, talking to their child about adoption and simply adjusting to parenthood.

In addition, there may be some additional considerations for same-sex couples to keep in mind as they begin the adoption process:

• Gay International Adoption: In general, it is easier for LGBTQ couples to adopt domestically than internationally. While many same-sex couples have successfully completed international adoptions, several countries still prohibit gay adoption. If you are considering international adoption to grow your family, carefully research countries that allow gay adoption.
• False Ideas About Gay Adoption’s Effects on Children: While it has commonly been used as an argument against gay and lesbian adoption, studies have shown that same-sex adoption does not have a negative impact on children. Research shows that children raised by LGBT parents grow up as successfully as children raised by heterosexual parents. In addition, there are no significant differences in the development of gender identity and sexual orientation between children of gay and lesbian parents and children of heterosexual parents, according to research presenting gay adoption facts and same-sex adoption statistics.
• LGBT Parenting: While attitudes toward same-sex marriage and adoption are improving, same-sex parents and their children unfortunately may still face prejudice and discrimination from people in their communities. Adoptive parents should be prepared to talk to their children about the many ways families are made and how they can respond to potential negative comments.

As LGBTQ adoption in the United States continues to increase and society continues to be more accepting of different family types, more hopeful parents are choosing to complete their families through same-sex couple adoption.