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What You Need to Know About Same-Sex Second-Parent Adoption

With same sex marriage legal in the US, many couples still want to experience life as straight couples thus would still want to have a child to take care of. Such couples have an option to either adopt a child or have one of them sire a baby through a sperm donor. If the couple settles to adopt a child, there are certain legal procedures that would make them succeed in the process.

To start with, whenever you adopt any kid as same sex couple, the law assumes that one of you is the biological parent to the child. This can be a tough decision to make especially since this means the other “parent” has no right over the child. No one would really want to be in a situation where they have no say over the child they have worked hard to bring up. As a couple, you must decide on who will be the child’s legal mother, which is often a very difficult decision since the “cut off” provision in second parent adoption services often exists.

A second parent adoption is meant to give your partner parentage rights over the child even if they are not the legal or biological parents to the child. If one of the partners is the biological parent to the child, having the other parent have the same privileges would server the parental relationship between the child and biological parent if proper parentage laws are not followed.

To lift the cut off provision, the parents can opt for simultaneous adoption services to maintain the legal relationship between the biological parent and the child through consent by the adoptive parent that they wish to retain that relationship. This means children in same sex marriages can thus be able to inherit property from both parents.


What to Include in Adoption Papers

Adoption is the process by which a person takes on the role of parent for a child that is not biologically their own. Once the adoption process is complete, the adopted child will have all the rights accorded to a biological child with regard to inheritances and child support.

Adoption Papers

While there are multiple types of adoption, most fall into three categories:

Stepparent Adoption
Independent Adoption
Adult Adoption

Much of the adoption documentation is the same, regardless of the type of adoption, and includes:

An Adoption Request–describes you and the child you are adopting to the judge.

An Adoption Agreement–informs the judge that you and the child (if they are over the age of 12) agree to the adoption.
An Adoption Order–will be signed by the presiding judge in order to approve the adoption.
An Indian Child Inquiry Form–indicates whether or not the child has Indian ancestry.
A Parental Notification of Indian Status–shows the judge that that an inquiry has been made with the child’s parents about Indian ancestry.

Filing Your Adoption Papers

The forms will have to be completed and taken to the court. It should be noted that the adoption agreement should not be signed until the judge instructs you to sign it. If you choose to handle the adoption process with the help of a legal document assistant, you will take the papers to them.

The adoption process can be costly and time-consuming with much of the money spent on legal fees. Licensed and bonded legal document assistants can provide adoption services and save you money while ensuring that your adoption papers are prepared professionally.