Can Same Sex Couples Adopt in PA?
If you have been in a long-term relationship with your partner, you may be considering expanding your family. Throughout the years, a lot of controversy has surrounded same sex adoptions. Fortunately, significant strides have been made in recent years, allowing same-sex couples equal rights. If you are a same-sex couple living in Pennsylvania, you may be unsure what your rights are when it comes to family law matters. Our adoption attorneys provide adoption options for same-sex couples and explain the legal challenges in the process.
Types of Adoption for Same-Sex Couples in PA
The Commonwealth of Pennsylvania recognizes the following types of adoption for same-sex couples:
Second-Parent Adoptions
This process allows a person to adopt their partner’s biological child. A second-parent adoption allows the non-biological parent to have full parental rights and responsibilities. A second-parent adoption permits the non-biological parent to secure legal rights to the child. However, before the adoption can go through, the other biological parent (i.e., a sperm donor or surrogate who is also the biological mother) must voluntarily relinquish their parental rights. For a couple who is granted a second-parent adoption in Pennsylvania, this type will be recognized in other states in which second-parent adoption is not legal.
Stepparent Adoptions
This type of adoption occurs when a same-sex couple gets married. The partner who marries the child’s biological parent may apply to be the child’s legal parent. As in second-parent adoption, this typically requires that the child’s other biological parent terminate their parental rights.
Agency Adoptions or Private Adoptions
In many situations, a same-sex couple may come into the relationship without children and decide to begin a family together. The process for unrelated adoptions is the same as that of a heterosexual couple, with the method varying based on whether the couple chooses to use an adoption agency or pursue a private adoption. Both processes require a home study, which consists of multiple interviews for potential adoptive parents and a home inspection, as well as background checks.
The main difference lies in how birth parents are connected with prospective adoptive parents. In an agency adoption, prospective adoptive parents will connect with a private or state-affiliated agency. In contrast, a private adoption involves a direct placement between the birth mother and the prospective adoptive family.
Potential Issues for Same-Sex Couples
Under the law, same-sex couples are given the same adoption rights as heterosexual couples. This was not always the case, with non-biological parents in a same sex partnership retaining no legal rights to their partner’s child when their romantic relationship ended. However, potential issues may come up for same-sex couples attempting to establish parentage when assisted reproduction or other unconventional measures are used to conceive.
The non-biological parent will want to establish the role that they play in the child’s life before seeking adoption. If the couple ends up terminating their relationship, there is always the risk of parental alienation, in which one parent badmouths the other parent to the child. This may psychologically harm the child, causing them to resent the estranged parent. If the issue persists, the court may rescind the other parent’s custody rights if a judge feels that it is no longer in the child’s best interest to have that parent in their life.
Legal Guidance from Our Harrisburg Adoption Lawyers
Adopting as a same-sex couple presents its own unique challenges. If you and your partner are considering adoption, consulting with our adoption lawyer can help you understand potential discrimination issues you may encounter and how to address them. At Purdy Law, we are dedicated to supporting non-traditional families like yours. Whether you have begun exploring options to expand your family or have already started the process, our dedicated legal team is available to provide guidance.
To schedule your consultation with one of our attorneys, contact us online or call (717) 674-2885 today.