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LGBT adoption is the adoption of children by lesbian, gay, bisexual, transgender (LGBT+) people. This may be in the form of a joint adoption by a same-sex couple, adoption by one partner of a same-sex couple of the other's biological child (step-child adoption), or adoption by a single LGBT+ person. Joint adoption by same-sex couples is legal in twenty-seven countries as well as several subnational jurisdictions and dependent territories. Furthermore, some form of step-child adoption is legal for same-sex couples in five countries. Given that constitutions and statutes usually do not address the adoption rights of LGBT persons, judicial decisions often determine whether they can serve as parents either individually or as couples.
Male same-sex couple with a child.
The existing body of research on outcomes for children with LGBT parents includes limited studies that consider the specific case of adoption. Moreover, where studies do mention adoption they often fail to distinguish between outcomes for unrelated children versus those in their original family or step-families, causing research on the more general case of LGBT parenting to be used to counter the claims of LGBT-adoption opponents. One study has addressed the question directly, evaluating the outcomes of adoptees less than 3-years old who had been placed in one of 56 lesbian and gay households since infancy. Despite the small sample, and the fact that the children have yet to become aware of their adoption status or the dynamics of gender development, the study found no significant associations between parental sexual orientation and child adjustment.
Scientific research indicates that the children of same-sex couples fare just as well or even better than the children of opposite-sex couples.
Adoption of children by LGBT people is an issue of active debate. In the United States, for example, legislation to prevent adoption by LGBT people has been introduced in many jurisdictions; such efforts have largely been defeated. Prior to 1973, state courts commonly barred gay and lesbian individuals from holding a parenting role, especially through adoption.
Major professional organizations have made statements in defense of adoption by same-sex couples. The American Psychological Association has supported adoption by same-sex couples, citing social prejudice as harming the psychological health of lesbians and gays while noting there is no evidence that their parenting causes harm. The American Medical Association has issued a similar position supporting second parent adoption by same-sex partner, stating that lack of formal recognition can cause health-care disparities for children of same-sex parents.
The following arguments are made in support of adoption by LGBT parents:
The right of a child to have a family, guardians or people who can take care of their wellbeing
Human rights - child's and parent's right to have a family life
There are no differences between children raised by same-sex or straight couples. For that reason, sexual orientation of the parents has no relevance when it comes to raising a child
Evidence confirming that, despite the claims of those opposed to LGBT+ parenting, same-sex couples can provide good conditions to raise a child
Less formalities for step-parents in everyday life, as well as the situation of a death of a biological parent of a child
A 2006 poll by the Pew Research Center found a close divide on gay adoption among the United States public, while a 2007 poll by CNN and Opinion Research Corp. said 57% of respondents felt gays should have the right to adopt and 40% said they should not. In 2018, a YouGov poll found that over half of Americans (55%) said they believe heterosexual and homosexual couples can be equally good parents. Majorities also said they were in support of gay (53%) and lesbian (55%) couples having the right to adopt and raise children. In the United Kingdom in 2007, 64% of people said they thought gay couples should be allowed to adopt and 32% said they should not. 55% of respondents thought that male couples should be able to adopt and 59% of people thought that lesbian couples should be able to adopt. In Brazil, a 2010 poll asked, "Do you support or oppose allowing gay couples to adopt children?" The poll found that 51% opposed adoption by same-sex couples and 39% supported it. An opinion poll conducted in late 2006 at the request of the European Commission indicated that Polish public opinion was generally opposed to both same-sex marriage and to adoption by gay couples. The Eurobarometer 66 poll found that 74% of Poles were opposed to same-sex marriage and 89% opposed adoption by same-sex couples.
Since 2014 in Croatia, a similar institution called partner-guardianship exists. It allows a life partner who is not a biological parent of their partner's child or children to gain parental responsibilities on a temporary or permanent basis.
South Africa is the only African country to allow joint adoption by same-sex couples. The 2002 decision of the Constitutional Court in the case of Du Toit v Minister of Welfare and Population Development amended the Child Care Act, 1983 to allow both joint adoption and stepparent adoption by "permanent same-sex life partners". The Child Care Act has since been replaced by the Children's Act, 2005, which allows joint adoption by "partners in a permanent domestic life-partnership", whether same- or opposite-sex, and stepparent adoption by a person who is the "permanent domestic life-partner" of the child's current parent.Same-sex marriage has been legal since 2006, and is equivalent to opposite-sex marriage for all purposes, including adoption.
Legal status of adoption by same-sex couples in North America:
Canada has no nation-wide law legalizing same-sex adoption, but rather has smaller provincial laws that cover the entire nation. Same-sex adoption legalization in Canada began with British Columbia in 1996 and was finalized with Nunavut in 2011. By 2013, an Ipsos Global poll showed 70% of Canadians approved of same-sex adoption to some degree with 45% strongly approving.
In Chile, same-sex couples are allowed to apply to adopt a child. If applicants are approved as suitable to adopt, legally only one of them would be the legal parent of the child. A 2017 survey, shows that 45% of Chileans support same sex adoption, whilst 50% are opposed.
On 4 November 2015, in a 6-2 Constitutional Court ruling, Colombia decided to allow adoption by LGBT peoples. The ruling came before same-sex marriage became legal in the country on 28 April 2016.
As of May 2019, the Honduras Supreme Court is expected to rule on a decision regarding both same-sex marriage and adoption.
On 24 November 2011, the Coahuila Supreme Court struck down the state's law barring same-sex couples from adopting, urging the state's legislature to amend the adoption law as soon as possible. On 12 February 2014, the state's congress overwhelmingly approved the measure more than two years following the supreme court decision.
On 3 February 2017 the SCJN emitted tesis 08/2017 in which it is stated that the family of the LGBT community doesn't end with a couple, but that it also extends onto the right to have and raise children. Therefore, LGBT couples wishing to form a family and adopt children will be legally protected and can't be limited by any governmental entity.
Adoption by LGBT individuals or same-sex couples is legal in all fifty states as of June 2017.
A government-sponspored adoption law in Uruguay allowing LGBT adoption was approved by the lower house on 28 August 2009, and by the Senate on 9 September 2009. In October 2009, the law was signed by President and took effect. According to Equipos Mori Poll's, 53% of Uruguayans are opposed to same sex adoption against 39% that support it. Interconsult's Poll made in 2008 says that 49% are opposed to same sex adoption against 35% that support it.
LGBT rights for adoption of children in Asia are almost inexistent, except in Israel. Some Asian countries still criminalise same-sex activities, do not have anti-discrimination laws, which are an obstacle from legislating for LGBT adoption.
This section needs to be updated. Please update this article to reflect recent events or newly available information.(August 2017)
Legal status of adoption by same-sex couples in part of West Asia and in Egypt
Gay adoption legal
A January 2005 ruling of the Israeli Supreme Court allowed stepchild adoptions for same-sex couples. Israel previously allowed limited co-guardianship rights for non-biological parents. In February 2008, a court in Israel ruled that same-sex couples were now permitted to adopt a child regardless of whether the child is biologically related or not to either parent. This marked a watershed in granting equal rights to all gay people in Israel.
Legal status of adoption by same-sex couples in Europe:
Joint adoption legal
Stepparent adoption legal1
No laws allowing adoption by same-sex couples
1In Italy step-child adoption can only be done by a court order under legal precedent.
In February 2006, France's Court of Cassation ruled that both partners in a same-sex relationship can have parental rights over one partner's biological child. The result came from a case where a woman tried to give parental rights of her two daughters to her partner, with whom she was in a civil union. In the case of adoption, however, in February 2007, the same court ruled against a lesbian couple where one partner tried to adopt the child of the other partner. The court stated that the woman's partner cannot be recognized unless the mother withdrew her own parental rights. On 17 May 2013, French President François Hollande signed into law the bill that opened marriage and adoption rights linked to it for same sex couples.
In 1998, a nursery school teacher from Lons-le-Saunier, living as a couple with another woman, had applied for an authorization to adopt a child from the département (local government) of Jura. The adoption board recommended against the authorization because the child would lack a paternal reference, and thus the president of the département ruled against the authorization. The case was appealed before the administrative courts and ended before the Council of State, acting as supreme administrative court, which ruled against the woman. The European Court of Human Rights concluded that these actions and this ruling were a violation of Article 14 of the European Convention on Human Rights taken in conjunction with Article 8.
On 2 June 2006, the Icelandic Parliament unanimously passed a proposal accepting adoption, parenting and assisted insemination treatment for same-sex couples on the same basis as heterosexual couples. The law went into effect on 27 June 2006.
In Bulgaria, according to the Ministry of Justice the laws regarding adoption "lack a norm, concerning the sexual orientation of the individuals". Therefore, a single gay person or same-sex couples may adopt.
On 17 May 2013, the Portuguese parliament approved a bill in first reading allowing "co-adoption" of the biological or adopted child of the same-sex spouse or partner, where that spouse or partner is the only legally recognized parent of the child (e.g. the mother with the natural father not being registered). However, in October 2013 members of parliament opposed to the bill proposed a referendum on the issue and killed a motion to have the second vote in the plenary; the motion on the possible referendum was then considered, but the Constitutional Court declared it unconstitutional. On 14 March 2014, the original bill was rejected in second reading. On 20 November 2015, 5 proposals from several left-wing parties were voted favourably by the new parliament as result of 4 October General Elections.
In July 2014 through Life Partnership ActCroatia recognized an institution similar to step-child adoption called partner-guardian. A partner who is not a biological parent of a child can share parental responsibilities with a biological parent or parents if they agree to it, or if the court decides it is in the best interest of a child. Additionally, a biological parent or parents can temporarily give a partner who is not a biological parent full parental responsibilities. A partner who is not a biological parent can also gain permanent parental responsibilities through an institution of partner-guardian if both biological parents of a child have died, or exceptionally if a second biological parent of a child is unknown, and if the court decides it is in the best interest of a child.
In January 2015, the Constitutional Court of Austria found the existing laws on adoption to be unconstitutional and ordered the laws to be changed by 31 December 2015 to allow joint adoption by same-sex couples in Austria.
On 6 April 2015, the Children and Family Relationships Bill 2015 passed by Parliament in March 2015 which extends full adoption rights to cohabiting couples and those in civil partnerships was promulgated by the President of Ireland. The law went into effect a year later on 6 April 2016.
On 20 November 2015 the Portuguese Parliament approved; by 141 votes against 87 with 2 abstentions; a diploma presented by all the parties (except the right-wing PàF) to allow same-sex adoption. On 26 January 2016, the conservative Portuguese President Anibal Cavaco Silva vetoed the bill and a week later the Portuguese Parliament overridden the veto. The law went into effect on 1 March 2016.
On 22 June 2016 the Italian Supreme Court of Cassation upheld a lower court's decision to approve a request for a lesbian to adopt her partner's daughter. Prosecutors had appealed against the decision by the Rome court of appeal. Decisions by the supreme court set a precedent.
In Australia, same-sex adoption is legal in all states and territories since April 2018.
Currently there are no specific barriers preventing an LGBT individual from adopting children, except that a male individual cannot adopt a female child. The same-sex marriage law became effective from 19 August 2013, and since then married same-sex couples were able to adopt children jointly. Unmarried couples of any sex and couples in a civil union can now jointly adopt children, under a New Zealand High Court ruling in December 2015. The ban breached the New Zealand Bill of Rights Act 1990. The minimum age to adopt in New Zealand is 20 years for a related child, and 25 years or the child's age plus 20 years (whichever is greater) for an unrelated child.
Summary of laws by jurisdiction
European laws on adoption by same-sex couples
LGBT individual may petition to adopt
Same-sex couple may jointly petition
Same-sex partner may petition to adopt partner's child
Same-sex couples are allowed to foster or stepchild foster
Lerner, Brenda Wilmoth & K. Lee Lerner (eds) (2006). Family in society : essential primary sources. Thomson Gale. ISBN978-1-4144-0330-4.CS1 maint: extra text: authors list (link) Primary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms
Stacey, J. & Davenport, E. (2002) Queer Families Quack Back, in: D. Richardson & S. Seidman (Eds) Handbook of Lesbian and Gay Studies. (London, SAGE Publications), 355-374.
^Baiocco, Roberto (2013). "Attitudes of Italian Heterosexual Older Adults Towards Lesbian and Gay Parenting". Sexuality Research and Social Policy. 10 (4): 285-292. doi:10.1007/s13178-013-0129-2.
^Marks, Loren (2012). "Same-sex parenting and children's outcomes: A closer examination of the American psychological association's brief on lesbian and gay parenting". Social Science Research. 41 (4): 735-751. doi:10.1016/j.ssresearch.2012.03.006.
^Goldberg, Abbie E. (2007). "(How) Does It Make a Difference? Perspectives of Adults With Lesbian, Gay, and Bisexual Parents". American Journal of Orthopsychiatry. 77 (4): 550-562. doi:10.1037/0002-9422.214.171.1240. PMID18194035.
^David Morton Rayside. Queer inclusions, continental divisions: public recognition of sexual diversity in Canada and the United States. University of Toronto Press, 2008. p. 388 (p. 20). ISBN0-8020-8629-2.
^David Morton Rayside. Queer inclusions, continental divisions: public recognition of sexual diversity in Canada and the United States. University of Toronto Press, 2008. p. 388 (p. 21). ISBN0-8020-8629-2.