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Welcome to the Adoption Family Center, your online community for nontraditional GLBT adoptive Families; Chats, boards, articles, resources, web hosting. Support for those families that have adopted or are planning to adopt. www.adoptionfamilycenter.org. Brought to you by Families Like Ours, Inc. a nonprofit 501(c)(3) www.familieslikeours.org
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Welcome to the Adoption Family Center, your online community for nontraditional GLBT adoptive Families; Chats, boards, articles, resources, web hosting. Support for those families that have adopted or are planning to adopt. www.adoptionfamilycenter.org. Brought to you by Families Like Ours, Inc. a nonprofit 501(c)(3) www.familieslikeours.org
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Welcome to the Adoption Family Center, your online community for nontraditional GLBT adoptive Families; Chats, boards, articles, resources, web hosting. Support for those families that have adopted or are planning to adopt. www.adoptionfamilycenter.org. Brought to you by Families Like Ours, Inc. a nonprofit 501(c)(3) www.familieslikeours.org

Types of Adoption

Depending on the type of adoption gay and lesbian parents are interested in - public, private, independent, open or international - there may be different considerations involved in disclosing sexual orientation. How open prospective adoptive parents are about their homosexuality depends upon the couples' personal feelings on disclosure, whether direct questions are asked and what the laws in the State of residency are.

One important point for all prospective adoptive parents to be aware of is - the difference between not sharing private information and deliberately lying at any time in the adoption process. Although it is completely legal to omit information regarding homosexuality, it is illegal to lie about it when confronted directly.18 Let it be clear that failing to tell the truth is considered fraud and raises the opportunity for either an adoption not being finalized or a possible disruption.

Public Agency Adoption

Success in adopting from the public child welfare system depends on the State adoption law and the attitude of the agency. For example, in New York and California, gay and lesbian prospective adoptive parents are protected against discrimination. It is illegal for public agencies in those states to reject adoptive parents on the basis of sexual orientation. However, that is not a guarantee that prejudices don't exist. Social workers who are uncomfortable with homosexuality may find the prospective adoptive parents unsuitable for other reasons. 19

Each State decides independently who can adopt. Since, judges at the county level make the final decision, the availability of adoption as an option to openly gay and lesbian couples is influenced by the political and social community in which the family lives. The court's decision hinges on the "best interest" of the child, a concept interpreted differently by different judges.

Private Agency Placements

Private agencies establish their own criteria for the prospective adoptive parents. Age, religion, fertility status, marital status and sexual orientation all may be agency considerations. Some private agencies may disregard sexual orientation, and present the prospective parent as a single adopter who lives with another adult who will share the responsibilities of raising the child. This omission of sexual orientation is based on the agency's judgment and relevancy to the applicant's parenting qualifications.

Independent and Open Adoption

An independent adoption is an adoption facilitated by those other than caseworkers associated with an agency. They may be a physician, an attorney, or an intermediary and are illegal in some States. In an independent adoption the placement decision (within the provisions of the State statute) is completely up to the families involved. However, independent adoption does not necessarily mean an open adoption. An open adoption involves some amount of initial and/or ongoing contact of birth and adoptive families. The adoptive and birth parents agree upon the birth parents role, future communication and the degree of openness prior to adoption. Being honest with the birth parents from the first contact allows gay and lesbian adoptive parents the opportunity to have a relationship without the possibility of a disrupting secret.

International Adoption

Adopting a child from a foreign country may involve finding an agency willing to accept the adoptive parents' sexual orientation, disclosing the information to the contacts in the sending country, and presenting the information to the foreign government. However, conservative, or religious and often developing countries may not be as receptive to gay and lesbian couples. Adoptive parents need to be aware that foreign governments and courts are making placement decisions based on their cultural standards and what they feel is in the best interest of the child.  

Looking for books on this subject? Check out our book store.

18 Martin, A. (1993). The Lesbian and Gay Parenting Handbook. New York, NY: HarperCollins Publishers, Inc.

19 Martin, A.

This information is supplied by the National Adoption Information Clearinghouse. Check out more informative Fact-Sheets from NAIC.

The National Adoption Information Clearinghouse publishes these fact-sheets as a service to the adoption community. They do not serve as a replacement for legal and adoption advice from a licensed attorney, or adoption professional practicing in the field of adoption in the State(s) where both the potential adoptive parent(s) and the child(ren) to be adopted reside. We also cannot guarantee accuracy; changes in State law may have occurred since the research was conducted. The Adoption Family Center and Families Like Ours, Inc. is not a legal advice firm, adoption agency or adoption facilitator.

General Parenting Support Group

This is our everyday general parenting support group with message board and weekly chat; please check chat calendar for times. Post your messages here or join our weekly chat with your general questions and make new friends. Chat room | Message Board | Adoption Resources

 

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