LGBT people are creating families, and these families often include children.  Adoption is one of the tools that lesbian, gay, and bisexual Pennsylvanians can use to protect the rights of all family members.  Please contact Equality Advocates for more information if you are considering any of these possibilities.

Under Pennsylvania law, anyone – including single lesbians and gay men as well as lesbian, gay, and bisexual people in same-sex relationships – may adopt a child.  Furthermore, in August 2002, second-parent adoption became legal in Pennsylvania.  Ultimately, however, the approval of a petition to adopt is at the discretion of the court.

There is nothing in Pennsylvania law to specifically prevent transgender people from adopting, but this is a developing area of law.  Because ignorance and bias are likely to complicate a transgender person’s dealings with adoption agencies and courts, it is essential that you consult with an attorney experienced in transgender issues before you begin the process.

There are several types of adoption proceedings:

In an individual adoption, a single person adopts a child whose biological parents have had their parental rights terminated.  The court’s chief concern in approving an adoption is the best interest of the child, which is determined based on the results of a home study, among other factors.  During the home study such factors as parenting skills, age, and physical and mental health are considered.

In a joint adoption, both partners in a couple simultaneously adopt a child who had no previous biological or adoptive relationship with either partner.  Same- sex couples can jointly adopt children under Pennsylvania law.  As in the case of individual adoptions, the court will consider the results of a home study to determine whether being adopted by the couple is in the best interest of the child.

A second-parent adoption is a legal process that allows one partner in a same-sex relationship to adopt the legal child (biological or adoptive) of his or her partner.  Second-parent adoption allows a same-sex partner to adopt his or her partner’s child without terminating the first parent’s legal rights.

Second-parent adoptions protect children in lesbian and gay families by giving them the security of two legal parents.

Second-parent adoption is the only way for a same-sex partner to get full legal rights and responsibilities with respect to his or her partner’s child.  It is also the only way for a child of a same-sex couple to be guaranteed rights with respect to the non-biological parent.

Second-parent adoption is only an option if the second biological parent (the one not part of the same-sex relationship) agrees to terminate his or her parental rights.  Many sperm donors terminate parental rights to any children conceived by means of their donated sperm.

The rights created by second-parent adoption include

• guaranteeing the second parent’s custody rights if the biological parent dies, becomes incapacitated, or if the couple separates

• making the child the recognized legal heir to the second parent

• establishing the child’s eligibility for the second parent’s health benefits

• providing additional financial security for the child by insuring that if the second parent died, the child would be entitled to Social Security survivor benefits.

Many individuals and couples choose to adopt children from other countries.  But when an American adopts a child internationally, not only do the usual (federal and state) adoption rules apply, but the adoptive parent (or parents) must also comply with the laws of the child’s birth country.  Unfortunately, many foreign countries will not allow unmarried people generally or LGBT people specifically to adopt children.

If second-parent adoption is not possible (because the second biological parent won’t terminate his or her rights), you can get some protection for your relationship with your same-sex partner’s children through various advance planning documents such as guardianship agreements and medical consents.  It is important to remember that these documents do not create a legally recognized parent-child relationship.

It is important to seek legal advice if you are interested in finding out more information about these documents or adoptions.