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Same-sex adoption is the adoption of children or adults by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child or adult (stepchild adoption).
Joint adoption by same-sex couples is permitted in 39 countries. Most countries and territories that allow same-sex marriage (exceptions being Aruba, Curaçao, Ecuador and several Mexican states), as well as several countries and dependent territories that do not (Croatia, Israel and two UK territories of Bermuda and the Cayman Islands) allow for same-sex joint adoption. In some of the countries with marriage, legislation for adoption preceded that for marriage.
Adoption is only permitted for same sex married couples in 21 of the 31 Mexican states and Mexico City, despite a Supreme Court ruling that requires states to allow it. Stepchild adoption is permitted for same-sex couples in two countries without same-sex marriage - San Marino and Czechia permits step-child adoption in which the registered partner can adopt the biological and, in some cases, the adopted child of their partner.
Given that constitutions and statutes usually do not address the adoption rights of same-sex couples, judicial decisions often determine whether they can serve as parents either individually or as couples. Opponents of adoption by same-sex couples have argued that same-sex parenting adversely affects children. However, research consistently shows that gay and lesbian parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as those reared by heterosexual parents.
Same-sex parents pursuing adoption must also contend with social pressures to conform to heteronormative gender roles. The concept of gender role models is necessitated by the bureaucratic organization of foster care and adoption agencies, particularly in the United States.
In 2022, 1 in 6 adoptions in England were by same-sex couples. This number was a 17.4% rise from the previous year.
In the United States, as of 2024, 18% of all LGBTQ people (~2.57 million adults) parent children in their homes, with 14% of same-sex couples (167,000) parenting a minor in their homes. 21% of same-sex couples adopt which is a much higher rate than in different-sex couples (3%).
A 2004 study concluded that the sexual orientation of parents did not predict better or poorer "adoptive family functioning, adopted child's behavior, and parent's perceptions of helpfulness from family support networks".
A 2010 study evaluated the outcomes of young adopted children who had been placed in one of 56 lesbian and gay households since infancy. The study found no significant associations between parental sexual orientation and child adjustment.
Research published in 2009 studied 1,384 children with either heterosexual or same-sex adoptive parents and concluded that problematic behavior in children was not dependent on whether they had same-sex or opposite sex parents. The study also found that "adoptive parents are likely to encounter similar challenges in terms of risk factors for child behavioral problems and mitigating factors of such behavior."
A 2016 study of adopted children of same-sex parents showed that they perceive themselves to be more accepting, understanding and compassionate than children of different-sex parents. The children in the study also indicated that they often avoid sharing that their parents are lesbian or gay, and that many experience bullying or teasing.
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:
]] Joint adoption by same-sex couples is legal in the following 39 countries, Mexico in some states:
Joint adoption by same-sex couples is legal in the following subnational jurisdictions or dependent territories:
The following countries permit step-child adoption in which the partner in a relationship can adopt the natural and/or the adopted child of his or her partner:
Step-child adoption is legal in the following subnational jurisdictions or dependent territories:
In Italy step-child adoption can only be recognized by court order since 2016.
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A 2021 survey, shows that 65% of Chileans support same-sex adoption.
In Mexico City, the Legislative Assembly of the Federal District passed legislation on 21 December 2009 enabling same-sex couples to adopt children. Eight days later, Head of Government ("Mayor") Marcelo Ebrard signed the bill into law, which officially took effect on 4 March 2010.
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.
In October 2021, a bill was introduced to the legislature of Baja California Sur.
In September 2022, a bill was passed in Quintana Roo.
[[File:Gay adoption map Israel.svg|right|upright=1.5|thumb|Legal status of adoption by same-sex couples in part of West Asia and in Egypt
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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.Council of State (France), ruling 230533 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 Althing 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 Act Croatia 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 Portugal Ahead) to allow same-sex adoption. On 26 January 2016, the conservative Portuguese President Aníbal 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 Italy 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 December 2020, Hungary explicitly legally banned adoption for same-sex couples within its constitution.
In April 2021, a court in Croatia ruled that same-sex partners have the right to adopt children. In May 2022, the High Administrative Court affirmed the ruling and rejected the appeal of the responsible Ministry.
In June 2022, the Constitutional Court of Slovenia ruled that same-sex partners have the right to jointly adopt. Total-Slovenia-News: Slovenia Legalises Same-Sex Marriage and Adoptions , July 8, 2022 On 4 October 2022, the National Assembly (lower chamber of Slovenian parliament) passed the relevant act implementing this judgement, but a week later, the act was vetoed by the National Council (upper chamber of the parliament). This is to be followed by another vote on the act in the National Assembly and potentially a national referendum.
Estonia and Greece since 2024, allows full-joint adoption of children by same-sex couples - along with same-sex marriage being legalized at the same time.
On 1 January 2025, the Czechia will allow same-sex couples “partial adoption” of their own biological child or children - but not full joint adoption.
Currently, there are no specific barriers preventing an LGBT individual from adopting children, except that male individuals cannot adopt a female child. 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.
United States
In 1979, Reverend John Kuiper of the Metropolitan Community Church and his husband became the first gay men in America to win the right to adopt a child. Adoption by LGBT individuals or same-sex couples is legal in all fifty states as of June 2017.
Uruguay
A government-sponsored 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.
Asia
LGBT rights for adoption of children in Asia are almost nonexistent, except in Israel, Thailand, and Taiwan. Some Asian countries still criminalize same-sex activities and do not have anti-discrimination laws, which are obstacles for legislating for LGBT adoption.
Israel
The issue of same-sex adoption has been the subject of a long-running political and legal battle in Israel that was resolved in December 2023, when the Israeli Supreme Court interpreted existing law to allow same-sex adoptions, as the law gives absolute priority to the welfare of the child and not to the gender of its parents.
Taiwan
Until 2023, members of same-sex couples could only adopt the biological child of their spouse (so-called stepchild adoptions). Taiwan law allowed for opposite-sex married people to jointly adopt, and also allowed single individuals to adopt, depending on the circumstances, including individual LGBT people. The same-sex marriage law only granted same-sex couples the right to adopt children genetically related to one of the spouses.
Europe
[[File:Same-sex Adoption Map Europe.svg|thumb|upright=1.5|Legal status of adoption by same-sex couples in Europe:
Oceania
Australia
In Australia, same-sex adoption is legal in all states and territories since April 2018.
New Zealand
The Marriage (Definition of Marriage) Amendment Act 2013, which came into force on 19 August 2013, allowed same-sex marriage and permitted married same-sex couples to jointly adopt children. Previously, an LGBT individual was able to adopt children, but same-sex couples could not adopt jointly.
Summary of laws by jurisdiction
+ Asia
! scope="col" style="width:140px" Country
! scope="col" style="width:140px" LGBT individual may petition to adopt
! scope="col" style="width:140px" Same-sex couple may jointly petition
! scope="col" style="width:140px" Same-sex partner may petition to adopt partner's child
! scope="col" style="width:140px" Same-sex couples are allowed to foster or stepchild foster + Europe
! scope="col" style="width:140px" Country
! scope="col" style="width:140px" LGBT individual may petition to adopt
! scope="col" style="width:140px" Same-sex couple may jointly petition
! scope="col" style="width:140px" Same-sex partner may petition to adopt partner's child
! scope="col" style="width:140px" Same-sex couples are allowed to foster or stepchild foster + The Americas
! scope="col" style="width:140px" Country
! scope="col" style="width:140px" LGBT individual may petition to adopt
! scope="col" style="width:140px" Same-sex couple may jointly petition
! scope="col" style="width:140px" Same-sex partner may petition to adopt partner's child
! scope="col" style="width:140px" Same-sex couples are allowed to foster or stepchild foster
See also
Further reading
External links
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