Tag Archive for: same sex adoption

Same Sex Adoption

Same-sex adoptions can take place in the form of a second-parent adoption. A second-parent adoption allows a person to adopt the child of their “unmarried” partner. In 2002, the Supreme Court held that the parental rights of the first parent need not be terminated for the adoption by the second parent to take place. Since that time, PA has remained in the minority of states that allow second-parent adoptions on a statewide basis. If a same-sex couple is married, they follow the same procedures as a kinship or step-parent adoption.

Both types of adoption will require background checks be completed as it relates to the adopting parents. Presently, there are three background checks required: (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare. There are nominal fees associated with requesting these background checks. Second parent adoptions will also require a home study whereas a step-parent adoption does not. The home study consists of several visits to the home over a span of time to observe the living arrangements and relationship with the proposed adopting parent. In Bucks County, home studies are conducted by the Children & Youth Social Services Agency. Following successful completion of all the pre-requisites and filing of the Petition for Adoption, the final step is the adoption hearing in either scenario.

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Same-Sex Adoption

Married same-sex couples can pursue a step-parent adoption. A step-parent adoption requires background checks be completed as it relates to the adopting parents. Presently, there are three background checks required: (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare. The rights of the natural parent need to be terminated in conjunction with the adoption petition. This can be via consent of the natural parent or via involuntary termination if grounds for termination exist.

Couples who are not married but interested in adopting a child together can do so following the procedures for a second-parent adoption. Second parent adoptions require the same background checks as a step-parent adoption. They also require a home study whereas a step-parent adoption does not. The home study consists of several visits to the home over a span of time to observe the living arrangements and relationship with the proposed adopting parent. The parental rights of the first parent need not be terminated for the adoption by the second parent to take place. Following successful completion of all the pre-requisites and filing of the Petition for Adoption, the final step is the adoption hearing in either scenario.

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Married Same-Sex Adoption

Today marked the completion of my first same-sex step-parent adoption. Prior to May 2014, a same sex couple had to follow the steps for second-parent adoption which required a home study as opposed to a step-parent adoption which did not. However, in a decision rendered May 20, 2014, the Honorable John E. Jones, III, sitting for the US District Court in the Middle District on the case of Whitewood v. Michael Wolf, ruled that two of Pennsylvania’s laws regarding marriage were unconstitutional on the basis that they violated the Due Process and Equal Protection clauses of the Fourteenth amendment. Now that Pennsylvania recognizes same-sex marriages, same-sex partners can also benefit from the simpler process of a kinship or step-parent adoption.

The adoption hearings are the final confirmation that all requirements for an adoption have been met. The adopting parents should indicate during the hearing their understanding of the responsibility they are taking on as parents. A sample colloquy is included below. Hopefully, many newlywed same-sex couples in Pennsylvania will be able to take advantage of this easier path to adoption.

Do you understand if this Court permits the adoption, both you and this child will have all of the legal rights and duties between a parent and child that the law provides for natural born children? Do you understand, for example, these rights and duties include: (A) the right of the child to inherit through you and your family (B) your legal obligation to financially support this child (C) the right of the child to seek support from you (D) do you understand these rights and duties would continue if you and your spouse separate or divorce (E) do you understand these rights and duties would continue if the child develops any physical, psychological problems or becomes ill or disabled for any reason in the future

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Same-Sex Adoption

While Pennsylvania does not acknowledge same-sex marriages, the Supreme Court has established that same-sex adoptions can take place in the form of a second-parent adoption. A second-parent adoption allows a person to adopt the child of their “unmarried” partner. In 2002, the Supreme Court held that the parental rights of the first parent need not be terminated for the adoption by the second parent to take place. Since that time, PA has remained in the minority of states that allow second-parent adoptions on a statewide basis.

 

While in theory, second parent adoptions are similar to step-parent adoptions, they differ in terms of procedure. Both types of adoption will require background checks be completed as it relates to the adopting parents. Presently, there are three background checks required: (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare. Same-sex adoptions will also require a home study whereas a step-parent adoption does not. The home study consists of several visits to the home over a span of time to observe the living arrangements and relationship with the proposed adopting parent. In Bucks County, home studies are conducted by the Children & Youth Social Services Agency. Following successful completion of all the pre-requisites and filing of the Petition for Adoption, the final step is the adoption hearing in either scenario.

Click here to read more about family law issues between same sex couples. 

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