Second-parent adoption

This process is of interest to many couples, as legal parenthood allows the parent's partner to do things such as: make medical decisions, claim dependency, or gain custody in the event of the death of the biological parent.

[5][6] The American Academy of Child and Adolescent Psychiatry says they oppose all discrimination based on sexual orientation or gender identity regarding custodial, foster, or adoptive rights.

[7] The American Bar Association supports second parent adoptions by unmarried persons, saying it is in the best interest of the child.

In July 2011, The Ministry of Labour, Family and Social Affairs of Slovenia stated that the existing law allows for second-parent adoption.

It provides an important "status quo" if the birth mother were to die, preventing other family members from taking immediate custody of the child.

It speeds up the second-parent adoption process for couples that include the child's birth mother or parent who used a gestational surrogate.

[16] In 2021, an unmarried lesbian couple sued Nebraska's health department for not allowing both of them to be on their son's birth certificate.

According to the lawsuit, Nebraska case law prohibits second-parent adoption by an unmarried non-birth parent.

[22] This followed an attempt by the Alabama Supreme Court to overturn a second parent same-sex adoption that had been validly granted by Georgia.

[23] "[T]he first requirement to be met", said a 2022 article published by the Alabama State Bar, "is that the petitioning parties be 'husband and wife.'

"[24] The law was updated in 2023 to use the phrasing "an unmarried couple may not adopt a minor" but kept the requirement of marriage.