Though you may have always wanted to have a child, as a member of the LGBT community, you may have always found this prospect out of reach. Even if you were able to have a surrogate or give birth to the child yourself through sperm donation, the idea that your partner or spouse could not legally claim the child may have left you feeling disappointed. However, you and your spouse may have the ability to go through proper legal channels in order to ensure that you both have legal parental status.

You may wish to remember that even though the Supreme Court legalized same-sex marriage, same-sex parents could still face issues regarding any children they have. Even in cases where the child was born after marriage, the non-biological parent may not have legal parental status. Therefore, couples may wish to have the non-biological parent legally adopt the child.


Same states still do not consider same-sex adoption legal. Luckily, New York state laws do recognize this type of adoption, and therefore, same-sex parents may have more options for ensuring that each parent has rights to the child.

Benefits of adoption

You may think that you or your spouse do not have to adopt the child in order for your family to feel complete. While it is true that legal parent status may not affect how you view your family, it could affect how the state and other entities view the parental relationships. Because legal parents have the right to make important life decisions for their children, including those relating to education and health care, non-biological parents who want these rights need to adopt.

Having these parental rights established could prove useful if you and your family choose to go to states that do not legally recognize same-sex parents. Additionally, legally adopting the child can ensure that he or she remains with the adoptive parent in the event of the biological parent’s death.

Facing complications

The adoption process can prove difficult for anyone, but same-sex couples may face additional complications. You undoubtedly want to make sure that nothing gets in the way of your rights and the parental rights of your spouse. Therefore, having reliable information and understanding the steps necessary to complete the proceedings may benefit you.

You may feel at ease knowing that you can gain assistance in dealing with this legal endeavor. Enlisting the assistance of an experienced attorney could help you understand what to expect and how to handle your case.