Same-sex couples can adopt children in Ohio. However, the couple’s marital status and adoption plan affect the process and rights they have. Keep reading to learn more.
Married Same-Sex Couples Can Adopt a Child Together
Ohio allows same-sex couples to jointly adopt a child if they are legally married. If the marriage is formal and legal or legal through common law marriage exceptions, the couple will be permitted to petition the state for joint adoption.
Joint adoption allows couples to have equal parenting rights in issues like custody, inheritance, and decision-making about education and health.
Stepparent Adoption Is Permitted
If a same-sex couple is married and one spouse is the legal parent of a child, the other spouse can adopt the child through a stepparent adoption process. Following approval of the stepparent’s petition, the couple will share parenting rights in the same way a couple in which both parents have biological ties does.
The county in which a couple resides will dictate how long a couple has to be married before adoption is permitted. Filing fees and other policies and procedures also vary by jurisdiction.
Unmarried Same-Sex Couples Face Adoption Challenges
Ohio does not permit any unmarried couples to jointly adopt a child. Second-parent adoption, which is the process of one partner adopting the child of another partner when no marriage exists, is not a valid option in Ohio.
However, if a second-parent adoption was legally granted in another state, Ohio will recognize that legal relationship.
Adoption Is a Critical Step for Same-Sex Parental Rights
With the ongoing advancements in assisted reproductive technology (e.g., sperm donation, in vitro fertilization), it is important to consider legal adoption to protect parenting rights.
When a same-sex couple chooses to use a surrogate or a donated egg, the non-biological parent may not have the same parenting rights as the biological spouse without a successful adoption process.
An adoption decree will provide proof of the legal parent-child relationship. A birth certificate is considered an administrative document, so it may not offer the legal protections a parent needs to protect their relationship with their child.
International Adoptions Add Another Layer of Complexity
International adoption can be an option when a couple adopts through an adoption agency. Some countries will not permit same-sex couples to adopt a child or may not recognize the couple’s legal marriage.
If an international adoption is successful for one or both parents, Ohio must also recognize it for it to be valid in the United States. For this reason, it is important to be sure an international adoption meets the requirements of both the United States and Ohio.
Ohio’s General Principles Regarding Adoption
Overall, Ohio maintains the guiding principle of the “best interest of the child” when evaluating adoption petitions. Whether a married couple consists of two individuals of the same or different sex or gender should typically not affect the court’s decision.
The ultimate goal is a loving home for every child, regardless of where the child was born, the sex or gender of the child’s parents, or the specific circumstances surrounding the nature of the child’s conception.
Contact Our Columbus Adoption Lawyers at Atkins And Atkins, Attorneys At Law, LLC for a Free Consultation
While the process for a same-sex couple to adopt a child is not always simple, there are legal safeguards in place. With proactive plans and a strong understanding of the processes involved, both parents in a same-sex couple can have full parental rights and legal protections associated with those rights.
For more information, contact our experienced Columbus family law & divorce attorneys at Atkins And Atkins, Attorneys At Law, LLC by calling (614) 485-8248 to schedule a consultation.
We serve all through Franklin County and its surrounding areas in Ohio. Visit our office at:
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
