LGBT Rights in Adoption
Gay and lesbian couples who wish to begin a family often turn to adoption as a way to bring children into their households. Adoption by both parents is important to ensure that your children and your rights are adequately protected. You can establish a legal parenting relationship with the child or children through cross adoption, and as New York adoption lawyers, we can help!
The purpose of this type of adoption is to provide for the rights of LGBT couples and to ensure the security of the children involved. In the case of an unfortunate event, legal adoption can ensure that the children will be taken care of after a parent's death or incapacity.
Laws to Note
In a 2017 landmark decision, a New York appellate court declared that the marital presumption (which presumes both spouses are the parents of a child born in wedlock) also applies to same-sex marriages, even in the face of a challenge by the child’s biological parent (Matter of Maria-Irene D. 2017 NY Slip Op 06716). This decision was followed up by the New York Child-Parent Security Act (CPSA), which went into effect in February of 2021.
The CPSA will provide those conceiving children through assisted reproduction—such as the use of a gestational carrier or via donor eggs, sperm, or embryos—with clear legal mechanisms to secure their legal ties to their children.
Orders of Parentage
The only way for a non-genetically related/non-gestating intimate partner or spouse to legally establish their relationship to their child is through an Order of Parentage.
Orders of Parentages are available to couples in which the biological parent and their partner jointly planned the conception of a child through assisted reproduction with the intention that both would be parents, regardless of marriage or gender. For information on how to obtain an Order of Parentage, contact us today at Greenberg & Greenberg.
Talk to Our Knowledgeable Legal Team
If you would like to pursue a same-sex couple adoption, or cross adoption, then it is important to speak with our firm at your earliest convenience. Our office is available to you, and we are prepared to help you through the process of adoption. We can help you understand the important steps in adoption and how to begin the process.
Our firm can also assist you through the pre-adoption approval process. Contact one of our attorneys today for legal assistance with a cross adoption.