Every adoption journey is different. Some may feel more different than others, but the laws for adoption are carefully crafted to cover every possible situation. We often hear, “Our situation is really unique!” — but chances are good that we’ve heard it before. One of the situations that inspires people to say that to us is the question of same-sex stepparent adoption.
Can a two-mom family adopt?
In Arkansas, when a married woman has a child, her husband is the legal father, whether he is the biological father or not. When a woman in a same-sex marriage has a baby, however, there is no legal presumption of a relationship between the child and the mom’s spouse. Can the Other Mother adopt the baby?
Or, if one of the individuals in a same-sex couple is the father of a child, can his husband adopt the child so that both will be legal parents?
Yes. Same-sex couples can adopt in Arkansas. At one time, single people were not allowed to adopt in Arkansas and same-sex couples were not allowed to marry. That made it impossible for same-sex couples to adopt.
The laws have changed. Single people and same-sex couples are now allowed to adopt in Arkansas, and same-sex couples can marry in every state.
Same-sex couples are allowed to adopt children in Arkansas. If the child to be adopted is the biological child of one of the parents, however, this will be a stepparent adoption.
Does a two-dad family need adoption?
The advantages of adopting in this case are the same as the advantages for any stepparent adoption: a greater feeling of family cohesiveness, legal rights to make medical or education decisions for the child, and simplifying inheritance can all be great reasons to adopt your stepchild.
Stepparent adoptions can be streamlined. There may be no need for a home study, for example. But most of the legal procedure for adoption is the same for stepparents as for any adoptive parent.
Legally, there is no difference between a married couple of the same sex and a male/female married couple. Stepparent adoption for a same-sex couple is the same as for any other married couple.
Heimer Law is familiar with stepparent adoption and experienced with all kinds of families. Contact us today for a free consultation.
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