As society evolves, the rights of same-sex couples have seen significant progress, particularly in marriage and parenting. Yet, one essential legal safeguard for these families often goes under the radar: second-parent adoption. This process ensures both partners in a same-sex relationship are legally recognized as parents, granting equal rights and responsibilities over their children. Many same-sex couples believe that merely having both parents on the birth certificate grants equal rights, this is not the case.
In a world where political shifts can jeopardize LGBTQ+ rights, second-parent adoption is more than a formality—it’s a vital layer of protection. It ensures that both parents have legal standing in their child’s life, from making critical medical or educational decisions to safeguarding custody if one partner passes away. Simply put, if you’re not legally recognized as a parent through a second-parent adoption, your rights to your child can vanish during crises like the death of your partner or a separation.
What is Second-Parent Adoption?
Second-parent adoption allows a non-biological parent to adopt the child conceived with the biological parent through assisted reproductive techniques. This legal step is critical for same-sex couples, ensuring that both parents are recognized as equals in their child’s life. In situations where a sperm donor donates sperm without the supervision and collection of a licensed physician, the sperm donor maintains all parental rights and obligations until a second-parent adoption occurs.
For families where one parent has a biological connection, second-parent adoption removes vulnerabilities for the non-biological parent. Without it, the non-biological parent faces unequal authority in custody battles in separation or divorce, or may lose parental rights entirely in the event of the biological parent’s death. These risks are especially plausible in states with discriminatory policies or jurisdictions that fail to recognize the parental rights of LGBTQ+ couples.
Some parents can feel a second-parent adoption shouldn’t be necessary, but it is the only way to grant full parental rights to both parents, regardless of whose name is on the birth certificate.
A Climate of Political Uncertainty
Second-parent adoption takes on heightened importance in these current times of political and social uncertainty. While the 2015 legalization of same-sex marriage was a landmark victory, setbacks in LGBTQ+ rights remain a real threat. Following the United States Supreme Court Decision in Dobbs, Justice Thomas specifically stated in his concurrence that the Supreme Court should reconsider its past rulings codifying rights to same-sex relationships and same-sex marriage. This concurrence opened up the door for conservative extremists to challenge these now existing rights and creates an even greater risk to same-sex couples with children.
Under the prior Trump administration, policies created a more hostile environment for LGBTQ+ families. For example, federal and state-level measures have allowed adoption agencies to deny services to same-sex couples based on religious grounds. These laws not only restrict adoption opportunities but also risk undermining parental rights already secured.
Beyond agencies, the broader legal landscape can be precarious. Shifting judicial attitudes and inconsistent protections at the state level have left many same-sex couples vulnerable to discriminatory rulings that could strip away legal claims to their children, especially when these claims have not gone through the legal system already.
Protecting Families and Affirming Equality
Second-parent adoption is more than a legal procedure; it’s a symbol of equality and a safeguard for family security. For children, it provides stability and affirms that their families are just as valid as those with opposite-sex parents. For parents, it ensures their equal role in raising and protecting their child, regardless of biology.
This recognition is especially critical in a climate where political tides can shift rapidly. Without second-parent adoption, families risk losing rights they’ve fought hard to secure. By completing the process, same-sex couples can shield their families from discrimination and protect against future legal or political challenges.
Advocacy for the Future
While strides have been made, the fight for LGBTQ+ equality isn’t over. Advocacy for widespread recognition of second-parent adoption remains essential. By supporting legislation that protects LGBTQ+ families and challenging discriminatory practices, advocates can help ensure these rights are upheld, regardless of political shifts. As the fight for full equality continues, this tool remains indispensable for protecting what matters most: our children and the families they call home. As same-sex couples, you can ensure that your family is protected by completing second-parent adoptions and ensuring that everyone’s parental rights remain intact.
If you are interested in discussing second-parent adoptions or want to better understand your rights, please reach out to us at 316-267-2000 or visit adoption-kansas.com. Given the change in the legislature, the timing could not be more urgent for parents to start the process.
By KAYLA L. STAVINOHA, Associate Attorney, Hinkle Law Firm, LLC.
