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Thoughts on adopting in the LGBTQ+ community

On Behalf of | Nov 16, 2021 | Family Law |

Did you know that single LGBTQ+ people are permitted to adopt in Indiana? Since 2006, there has been no requirement for an individual to be married to adopt. Local courts also allow the adoption of same-sex partners’ children, whether adopted or biological.

In 2020, it was also determined that both parties in a same-sex relationship should be listed on the birth certificates of their children, which is something that has changed from past rulings thanks to a reversed lower court decision.

The legal system can be confusing for same-sex couples or individuals looking to adopt

While same-sex couples and LGBTQ+ individuals are allowed to adopt, there can be issues that you come across. For example, you may want to set up an adoption to make sure your partner is able to care for your adopted child as a legal parent just as you do. You may want to have guidance if you come into contact with discriminatory individuals during the adoption process, too.

There are all kinds of issues that can arise during an adoption, same-sex marriage with children, same-sex divorce with children and custody arrangements. It’s reasonable to need guidance to be able to go through uncharted waters.

If you adopt individually, can your spouse adopt your adopted child later on?

Yes, which is something that you may want to look into if you get married after you go through an independent adoption. Since the law allows you to adopt individually, you can adopt a child at any time so long as you qualify to do so.

If you get into a relationship and marry later on, it may be a good choice to have your spouse adopt your child as well. By doing this, they’ll get the same parental rights as you, and they will be able to obtain custody and visitation rights if you ever decide to divorce in the future. Additionally, if you happen to pass away, they will automatically retain custody of your child, so that you don’t have to worry about them reentering the foster care system due to having no guardian or remaining family.