As more and more couples have decided to put off marriage temporarily or completely, the number of adoptions requested by unmarried individuals or couples has risen steadily. LGBT couples who are not allowed to get married may also elect to adopt a child together outside of a marriage. Some states, such as Arkansas, have extremely strict laws on who is allowed to adopt and who is not. In others, unmarried couple adoption has become more popular. While the process can be complex depending on the circumstances, committed couples may find unmarried adoption to be an ideal option for starting a family.
Joint Adoption
The laws for adoption vary from state to state, and even jurisdiction to jurisdiction. Depending on the application and evaluation process, a qualified couple may be approved for adoption in one area but not in another. In states that allow unmarried couples to adopt, a common process is for both individuals to apply together to adopt a child. This is known as joint adoption. If a couple is approved for a joint adoption, both individuals will be listed as the child's legal parents and will share equal responsibility and authority under the law.
Second Parent Adoption
Second parent adoption is a more unique case in which a child already has one legal parent, but later a second individual applies to become the child's legal adoptive second parent. In some cases, a single biological mother or father has sole legal parental status but later becomes involved in a relationship and wants his or her partner to become an adoptive parent for his or her child. Another scenario is that a single man or woman originally adopted a child alone but later is in a committed relationship and wishes for his or her partner to have legal parental status as well. Whether the original parent is gay or straight, biological or adoptive, second parent adoption is an ideal option for growing families.
Arkansas Unmarried Couple Adoption Ban of 2008
Some states currently have limitations on unmarried couple adoption or have banned it altogether. In Arkansas, unmarried couples are currently not allowed to be granted parental status for an adopted child. Civil liberties and gay rights organizations have argued that the law is unconstitutional and that it was designed to prevent same sex couples from adopting. While the law does prevent LGBT couples from adopting, it also puts equal limitations on unmarried straight couples seeking to adopt. Unfortunately this law substantially decreases the number of available adoptive parents that are willing to raise and are capable of raising children, leaving many without a home.
Because adoption laws may vary greatly from state to state, it is important to speak to an adoption attorney that knows the regulations of your state and jurisdiction. An adoption attorney can guide you through the process of joint adoption or second parent adoption so that you can successfully apply to adopt a child into your family.
For More Information
To learn more about unmarried couple adoption options and the adoption process, please visit the website of the experienced Austin adoption lawyers Slater Kennon & Jameson, LLP today.
Joseph Devine