LGBT Adoption

Kraemer, Manes & Associates LLC “KM&A” is a law firm with LGBT adoption lawyers serving all of Pennsylvania. If you are looking to adopt a child, we invite you to contact us for a consultation. Call a KM&A LGBT adoption lawyer at 412-626-5626 or email us at lawyer@lawkm.com.

In light of the decision made by a federal district judge on May 20, 2014, striking down Pennsylvania’s marriage ban, there are many questions relating to issues of adoption that have yet to be answered. In the months and possibly years that it will take for these issues to be resolved, and even after that, it is important to hire an attorney to walk you through the adoption process.

Currently, there is no statute that prohibits same sex couples from adopting a child together. This is unlikely to change after the striking down of the commonwealth’s marriage ban. The couple need not be married to adopt a child, but it may be easier to do so now that their right to be married has been recognized. A lawyer can help you understand the process of adoption.

The big question is what will happen with children born of the marriage. In 2002, the Pennsylvania Supreme Court established the right to second-parent adoptions where the second parent is the same sex as the first parent without the first parent giving up some of his/her parental rights. Therefore, if one person was the biological parent of a child, his/her significant other could adopt the child, thereby giving the child and the second parent a fully recognized legal relationship.

This second parent adoption will likely still be necessary in cases where the parties already have children but no second-parent adoption has taken place. However, the current law states that a child born to married woman is presumed to be the child of her husband. It is unclear how this will be interpreted by the courts and if the legislature will clear up the questions regarding the parental rights of two parents in a same sex relationship who have a child born during their marriage. Because this is currently such a big unknown, it is very important that you hire an attorney to advise you of your rights, even if your child was born while you were legally married. Pennsylvania may still require one parent to adopt the child.

The adoption process, whether you are adopting a baby unrelated to either person in the couple or adopting the child of your spouse, can be complicated. The courts will normally appoint a guardian ad litem (an attorney who is focused on the best interests of the child) for a minor who is being adopted, but there is no provision that would permit the courts to appoint a lawyer for the parents.

LGBT Adoption Lawyers: 412-626-5626

There are many steps that must be taken before a couple or individual can adopt a child, including obtaining clearances, having home studies conducted, and getting a new birth certificate for your child. Even if you have hired a private adoption agency to assist you, they will not be able to get you through the entire process. Hiring an attorney is a must for any parent hoping to adopt.

One important thing to consider and that can have an effect on the process is where you are planning on adopting your child from. This can be done through a private agency, who will usually find a biological mother who for some reason does not want or is unable to keep the child. You can also adopt from the foster system or from a foreign country, although many foreign countries have placed restrictions on adoption of child by parents who do not reside in that country.

In addition to the question of whether you are adopting the child from another country having an impact, so does the question of which state you are adopting a child from. If you and our spouse are both Pennsylvania residents, and the child resides in Pennsylvania, then only Pennsylvania adoption laws have to be followed. This changes when the child lives in another state, and the adoption must comply with the laws of other jurisdictions. Due to the complexity of adoptions, it is important to hire an attorney.

Another method that some people in same sex marriages and relationships use in order to have a child is to use a surrogate. This is a woman who agrees to carry the child and give birth to it, but will not have any parental rights. This is viewed differently as adoption, because the decision that the couple will be the parents instead of the woman who gave birth to the child is made before conception. In order to protect the rights of the parents, there are many steps that must be taken and safeguards that must be in place. This is a highly complex area of law and attempting to represent yourself through the process will almost certainly result in a mistake being made, possibly resulting in your child being taken away. It is vital to hire an attorney when deciding whether or not to use a surrogate.

Adopting a child is a happy and joyous occasion for all involved. Hiring an attorney to assist with the adoption is necessary to ensure that there is nothing that could delay or stop the adoption from taking place.

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