Adopting a child is a profound and life-changing decision. For same-sex couples in Texas, the journey can come with its own unique set of challenges and opportunities. While progress has been made in recognizing LGBTQ+ rights, navigating adoptions requires careful consideration. Following are a few tips and tricks to help you on your adoption journey in Texas.
1. Seek an LGBTQ+-Friendly Adoption Agency
In 2015, the U.S. Supreme Court legalized same-sex marriage nationwide in the Obergefell opinion. Same-sex couples in Texas have the same legal rights as heterosexual couples when it comes to adoption. However, adoption agencies in Texas are permitted to discriminate or refuse to assist queer individuals based on religious beliefs. Therefore, although same-sex couples are allowed to adopt, it is necessary to research LGBTQ+-friendly providers if both parents will be adopting together. Providers such as Adoption Choices of Texas and Gladney Center for Adoption are a good place to start.
2. Consider the Type of Adoption
Will you and your partner be adopting together, or will one parent be biologically related to the child and the other be the only adoptive parent? Each type of adoption has its own unique quirks, but the idea is the same: creating parental rights to the child.
There are several types of adoption to consider:
- Public Adoption: Through the Texas Department of Family and Protective Services (DFPS), which involves adopting children from the foster care system. These kids are frequently from unstable homes, and working with them can be very rewarding.
- Private Adoption: Involves working with private agencies or attorneys to adopt a newborn or older child. This is usually the choice of those wishing to adopt younger children or babies.
- International Adoption: Adopting a child from another country, which comes with its own set of regulations. Not all countries permit international adoption by LGBTQ+ prospective parents, so it is important to research queer-friendly countries to adopt from if this is the route you and your partner would prefer.
- Second-Parent Adoption: Adopting a child that one partner in a queer relationship is already biologically related to. This is often the choice of those who go about conceiving a child using donors or surrogates.
Depending on whether other individuals may already have parental rights to the child by virtue of being biologically related, such as a sperm or egg donor, those rights may need to be severed before the adoption can take place. In Texas, donors who give their sperm or eggs to a medical facility or doctor do not have parental rights to begin with, but those who go an alternate route, such as insemination at home using a known donor, may need to consider whether terminating another individual’s rights needs to take place. It’s important to consider the type of adoption and whether termination needs to occur.
3. Attend a Legal Consultation
Before starting the adoption process, consult with an attorney who specializes in family law and has experience with LGBTQ+ adoptions. They can help you navigate any potential legal hurdles and ensure all your paperwork is in order. Additionally, they can answer any questions you may have about the adoption process.
4. Be Open and Honest
When working with an adoption agency, be open about your family structure and what you envision for your future child. Many agencies are eager to support diverse families and can help guide you through the process.
5. Gather Your Documentation
Prepare all necessary documents early, including financial statements, personal references, and background checks. This will streamline your application and show your commitment to the process.
6. Be Prepared for a Home Study
Expect a home study to evaluate your living situation and readiness for parenting. A social worker will evaluate your home to determine if you can provide a safe and stable environment for the child. Approach this process with honesty and a positive attitude. Show how you plan to create a loving and supportive environment for your future child.
7. Connect with Other LGBTQ+ Families
Join local LGBTQ+ family groups or online communities. These networks can offer invaluable support, share personal experiences, and provide advice throughout the adoption process. They can also provide recommendations as to which agencies and attorneys might be best suited to your situation. Having a support system in place, not only for the adoption process but in raising a child, is paramount.
8. Be Patient and Prepare for Challenges
Adoption can be an emotional rollercoaster. Be prepared for potential setbacks, and ensure you have a support system in place to navigate the ups and downs. Adoptions can take a long time, so it’s important to know what you’re getting into and not become frustrated or discouraged if it takes longer than expected. The State of Texas takes parental rights very seriously, so all ducks must be in a row before adoptions can be finalized.
Adopting as a same-sex couple in Texas can be a rewarding yet challenging journey. By educating yourself about the legal landscape, seeking support, and preparing thoroughly, you can create a loving and nurturing environment for your future child. Every step brings you closer to building your own family. Embrace the journey, and don’t hesitate to seek out resources and communities that can help you along the way.