Family Building For Same-Sex Couples
Last updated on April 25, 2025
At Bivek Brubaker & Prescott LLC, one of the most joyous aspects of our work is when we get to help clients grow their families through adoption. For LGBTQ+ couples, however, the adoption process can pose uncertainties and additional legal questions. While same-sex couples have the legal right to marry in Georgia and all other states based on the United States Supreme Court ruling in Obergefell v. Hodges, this case did not address the right for LGBTQ+ couples to adopt. Unfortunately, there are no clear gay adoption laws. As such, it is critical to have an experienced same-sex adoption lawyer guiding you through the process and protecting your parental rights every step of the way.
The Case For Joint Same-Sex Adoption
Many LGBTQ+ couples pursue joint adoption, meaning neither parent is biologically related to the child. There are a couple of ways of doing this, including:
- Foster care adoption, where a child is adopted from the state foster care system
- Private domestic adoption, where the birth mother chooses to place her baby with a family
Unfortunately, international adoption is often a challenge for same-sex couples because of restrictions placed by other countries. That means most LGBTQ+ couples choose domestic adoption, either from private agencies or from the foster system. If you choose to work with an agency, you’ll want to ask about their success rate with other same-sex couples. If they’re not well-equipped to handle your family’s needs – or worse, if they try to avoid placing children into same-sex households – you’ll find better results through other agencies.
We can help you navigate the joint adoption process from the start, addressing challenges unique to the LGBTQ+ community along with those any couple might face. These challenges include dealing with the birth father’s rights, the birth mother’s right to change her mind for a limited period, and the extra paperwork that comes with out-of-state adoptions.
Second Parent Or Stepparent Adoption For Same-Sex Couples
When the child is biologically related to one parent or has already been adopted by one parent, same-sex couples may also pursue a second parent or stepparent adoption. The scenario where one parent had already adopted the child was the norm before the legalization of gay marriage. It is still common among unmarried same-sex couples and in cases where one partner adopts a child while single.
Second parent adoption also applies to surrogacy and donor births. Lesbian couples may sometimes choose to have one partner give birth using donor sperm, while gay male couples sometimes use a surrogate to have a child, with one biologically related father and a donor egg.
Even if both parents’ names are listed on the birth certificate, it’s important for the nonbiologically related parent to pursue second parent or stepparent adoption to fully protect parental rights. Adoption in one state must be recognized in another, making it the surest way to avoid complications from conflicting state laws. It also offers protection if the couple eventually splits or if the biological parent dies and their family attempts to seek custody.
Contact Our Same-Sex Adoption Lawyers At Bivek Brubaker & Prescott LLC
Our LGBTQ+ adoption lawyers can guide you through the process of second parent or stepparent adoption (some Georgia counties will not do second parent adoptions). We will represent your family’s interests and help you overcome the challenges you face as you create the family you hope for.
At Bivek Brubaker & Prescott LLC, we specialize in family law and can help you navigate your way through any situation. Call us today at 470-663-9404. You can also reach us using our online contact form.