Laws on adoption by gays and lesbians vary by state.
Few recent political debates in the United States have occasioned as much passion, conviction and anger from both sides as the issue of rights for lesbians, gays, bisexuals and transgenders--especially as they relate to marriage and adoption. The federal government does not have a law on the adoption rights of same-sex couples, so the response varies from state to state. The legal issues focus on three situations: adoption as individuals, adoption as couples and adoption of the children of same-sex partners.
Adoption by Singles
The District of Columbia and 49 of the 50 states allow single gay men and women to file petitions, as individuals, to adopt children. Florida is the only state to explicitly ban gays and lesbians as individuals from adopting children. Campaigners plan to challenge the ban in Florida's Supreme Court.
Joint Adoption
The District of Columbia and the following 10 states have laws explicitly allowing same-sex couples to file petitions to adopt children: California, Connecticut, Illinois, Indiana, Maine, Massachusetts, New Jersey, New York, Oregon and Vermont.
The following state have no laws explicitly forbidding same-sex adoption by couples: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington and West Virginia.
The laws of North Carolina and Utah do not allow unmarried couples to adopt. Because they also do not allow same-sex marriage, adoption by same-sex couples is forbidden.
Florida and Mississippi explicitly forbid gay and lesbian couples from adopting.
Michigan does not officially allow unmarried couples to adopt, but there has been one case of a court upholding an adoption by a same-sex couple.
New Hampshire does not officially allow unmarried couples to adopt, but some judges have made exceptions for same-sex couples.
Wisconsin and Wyoming have never formulated clear positions on the issue.
Adoption of Same-Sex Partner's Children
States with laws explicitly allowing people to adopt their same-sex partner's children, or children they have had together, are California, Colorado, Connecticut, Illinois, Massachusetts, New Jersey, New York, Pennsylvania and Vermont. The list also includes the District of Columbia.
The following states neither deny nor affirm the right of gays and lesbians to adopt their partner's children: Alabama, Alaska, Arizona, Hawaii, Idaho, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Maine, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington and West Virginia.
Florida, Nebraska, Ohio and Utah explicitly prohibit adoption of a same-sex partner's child. Wisconsin disallows it because adoption always requires termination of the natural parent's parental rights.
Arkansas, Georgia, Mississippi and Wyoming's laws are unclear, as they have never been tested in court.
Delaware and Indiana do not have blanket rules and have sometimes allowed adoption of a same-sex partner's children.
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