Tag Archive for: same sex couples

Adoptions for Same Sex Couples

Now that Pennsylvania recognizes same-sex marriages, same-sex partners can also benefit from the simpler process of a kinship or step-parent adoption. This means no home study is required. The adopting parent would still complete the requisite background checks. At the adoption hearing the court will verify that all requirements for an adoption have been met. The adopting parent(s) should be prepared to indicate their understanding of the responsibility they are taking on as parents.

For couples conceiving using assisted reproductive technology, it may be possible to have your name included in your child’s birth certificate prior to finalization of the adoption hearing. Specifically, for female same-sex couples where one partner is the birth mother, the other partner’s name can be included in on the birth certificate so long as they are married. However, having your name on the birth certificate is not necessarily enough to protect your rights as a parent so you are advised to still consult with an attorney regarding adoption as soon as possible.

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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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