Stepparent Adoption for Same-Sex Couples

Stepparent adoption is a process in which a husband or wife adopts the child of his or her spouse, so that the married couple becomes the legal parents of the child. This legal recognition of the reality of a family has some real benefits for the kids and the family. But is stepparent adoption for same-sex couples an option?

Stepparent adoption for same-sex couples

Stepparent adoption for same-sex couples is the same in Arkansas as stepparent adoption for heterosexual couples — as long as they are married. Married couples can adopt in Arkansas and single people can adopt, but unmarried couples cannot. Same-sex marriage is recognized in every state, so the legal position is the same. As long as the other biological parent agrees or is out of the picture, a same-sex wife can be a stepmom and a same-sex husband can be a stepdad.

It can be more important

One lawyer in Georgia is recommending that her clients who are in same-sex marriages and have had children with their partners go ahead and initiate stepparent adoptions — just in case.

Think of the case of two women married to one another who have decided to have a child together. Perhaps they chose in vitro fertilization so that one of the moms is the biological mother and the other is the wife of the biological mother. No biological father is involved and both moms have their names on the child’s birth certificate. Why should they consider stepparent adoption?

The Georgia lawyer points out that laws are changing, and in many cases are becoming more conservative. If recognition of same-sex marriage ends in Arkansas, couples like the one we described will no longer both be the legal parents of their child. Only the biological mother will have parental rights. The same thing could happen if same-sex marriage is abolished in another state and the couple moves to that state.

While they are legally married, however, the second mom can adopt her wife’s biological child. A stepparent adoption ensures that both moms continue to be the legal mothers of the child, regardless of the legal changes that might take place.

Just in case

You might not have realized that marrying a person with a child does not immediately make you that child’s stepparent. Or you may be thinking that Georgia lawyer is right and you should go ahead with stepparent adoption just in case. Call Heimer Law at (479) 225.9725 or fill out the form below.