Second parent adoption is a legal procedure that allows a same-sex parent to adopt a partner’s biological or adoptive child without terminating the legal rights of the first parent. Second-parent adoption is authorized in California by statute. States must honor second-parent adoptions from other states which is one of the reasons many couples petition the court for a second parent adoption — to protect there parental rights when traveling out of state.
For same-sex couples, it is often the case that there is only one legal parent even though two people may equally parent the child and think of themselves as co-parents. This is because the status as a legal parent is automatically conveyed to the parent who has a biological connection to a child, such as a biological mom or biological dad. Similarly, while some couples raise an adopted child together, only one of them may have officially become the adoptive parent because some agencies (both internationally and domestic) prohibit same-sex couples from adopting together but permit an LGBT individual to do so.
A second-parent adoption allows a second parent to adopt a child without the “first parent” losing any parental rights. In this way, the child comes to have two legal parents. A second parent adoption has a number of different steps involved, including an investigation into the fitness of the person petitioning for adoption to become the new adoptive parent of the child in question, as well as an in home study of the family’s current living conditions.
Not all states allow second parent adoptions. If second-parent adoption is unavailable where you live, you should prepare a written co-parenting agreement or a custody agreement with your partner. You should also gather other evidence that can prove that you are a family. It is important to recognize that taking these steps does not guarantee to secure your parental rights because courts are not required to uphold such agreements; but it is recommended that you complete such agreements anyway so that they may be used to demonstrate you intention to the court in the event a custody dispute develops.
Because California is a state that permits second parent adoption, we always recommend that same-sex couples take advantage of this. To answer questions about second parent adoption, please call our office at (415) 200-3600 for a free consultation.
