In today’s diverse family landscape, second-parent adoption has become an essential legal tool for many families, particularly for those formed through assisted reproduction, same-sex relationships, or blended families. At Modern Family Formation, we focus on adoption and assisted reproduction law across Virginia, Maryland, and the District of Columbia, and we recognize the critical importance of second-parent adoption for non-delivering parents. This legal process ensures that both parents in a family, regardless of biological connection, are recognized and protected under the law. Understanding Second-Parent Adoption Second-parent adoption, also called Confirmatory adoption, allows a non-delivering parent to gain legal recognition and parental rights without the need to terminate the rights of the biological parent. This type of adoption is particularly relevant in families where one parent is biologically related to the child, while the other is not. For example, in many same-sex couples, one partner may be the biological parent through assisted reproduction, while the other partner seeks to adopt the child to ensure equal legal standing. In some cases, the non-delivering or birth parent may be the genetic parent of the child, but will still need to adopt to secure their rights. Legal Security for Your Child The most compelling reason for second-parent adoption is the legal security it offers your child. If laws changed and your parentage was challenged, the Judgment or Order of Adoption would protect your family. This protection provided includes medical care, education, and even custody should something happen to the birthing parent. Second-parent adoption ensures that both parents can provide care and make crucial decisions throughout the child's life. Protection Across State Lines Family laws can vary significantly from state to state. Second-parent adoption creates a legally recognized relationship between a child and both parents, which is respected nationwide. This means your family can move or travel without worrying about the variability of state laws affecting your parental rights. Ensuring Inheritance Rights Without a legal parent-child relationship, a child may not automatically inherit from their non-birthing parent. Second-parent adoption safeguards a child’s right to receive an inheritance, social security benefits, or insurance payouts. It provides peace of mind knowing that, in the event of the unthinkable, your child’s financial future is protected. Emotional Stability and Recognition Beyond the legal aspects, second-parent adoption affirms the emotional bond in the family.. It validates the family unit in the eyes of society and gives the child a sense of stability and belonging. Knowing that both parents are recognized equally reinforces the child's understanding of their family structure. Facilitating Parental Responsibilities Day-to-day life involves countless interactions where parental authority is assumed or required. Picking up a child from school, authorizing a field trip, or attending a doctor’s appointment are all situations where having clear, legal parental status is essential. Second-parent adoption removes any ambiguity about who has the authority to act on behalf of the child. Preparing for the Future Life is unpredictable, and preparing for all eventualities is part of responsible parenting. Should the birthing parent become unable to care for the child due to illness or death, second-parent adoption ensures that the non-birthing parent retains full parental rights, avoiding potential custody battles with other relatives or the state. Health Insurance and Benefits Many employer health plans and government benefits extend coverage to a child only if there is a legal parent-child relationship. Second-parent adoption may become necessary for securing these benefits for your child, including health insurance, life insurance, and access to family leave if your legal relationship was challenged. Reflecting Real-Life Families Our society is evolving, and the concept of family is more inclusive than ever before. Second-parent adoption is a way for the law to catch up with reality, recognizing and protecting all family structures. It sends a message that all families, regardless of how they are formed, are valid and deserving of equal treatment under the law. Conclusion At Modern Family Formation, we believe that every family should have the opportunity to secure their bonds through the full extent of the law. Second-parent adoption is not just a legal formality; it's a crucial step in safeguarding the well-being of children and the rights of non-biological parents. It's about ensuring that love, not just biology, defines what it means to be a family. If you're considering second-parent adoption, know that you're taking a powerful step towards protecting your family's future. If you have questions or would like to learn more about second-parent adoption, please contact Modern Family Formation today!

Are you an LGBTQ+ person or couple considering ways to grow your family? Family is about more than just biology – it’s about love. Luckily, the landscape for LGBT family planning has never been better. When you’re sure that you’re ready for a new addition to your family, there are many different options to choose from. Let’s look at a few of them now: LGBTQ+ Adoption In today’s America, adoption truly is for everyone. Mississippi was the final state to end its laws against LGBTQ+ adoption, when they were ruled unconstitutional by a federal judge in 2016. In combination with the federal marriage equality ruling of 2015, this paved the path for fair treatment of LGBTQ+ parents in adoption. From coast to coast, adoption for LGBTQ+ families follow the same rules, laws, and processes as adoptions for any other family dynamic. You do not need to worry about being excluded from state-sponsored adoption readiness programs or benefits that may help you on your way to welcoming your new family member. Foster parents may also sometimes permanently adopt a child or children under their care. Some private adoption agencies, especially those with a religious affiliation, may be less than helpful when it comes to LGBTQ+ adoption as they are permitted to discriminate against LGBTQ+ persons. State laws vary as to whether they can outright deny applicants so consult with us before reaching out to agencies. Our firm will advise you how to avoid these specific agencies and ensure your adoption proceeds smoothly as there are hundreds of adoption agencies that do not discriminate against anyone and will be glad to support you. When exploring adoption, prospective LGBTQ+ parents should work with a trusted adoption attorney. Your attorney will represent your interests throughout the process. That includes putting you in touch with the right resources in your local area and ensuring all necessary court filings are made. LGBTQ+ Second Parent Adoption In the case of an LGBTQ+ couple where one parent has children from a previous relationship, a second parent adoption may be able to be pursued. If the child has two legally recognized parents, the other parent must either yield parental rights or lose parental rights at the discretion of the court although in some cases a three-parent adoption may be possible. LGBTQ second parent adoption follows many of the norms and processes of other adoptions. Because some additional filings might be necessary in the first phase, it’s crucial to reach out to an adoption attorney as soon as you know you’re thinking about this option. LGBTQ Assisted Pregnancy There’s a wide range of assisted pregnancy options available depending on the specific details of your situation and the concerns you have. Lesbian couples may pursue artificial insemination or in-vitro fertilization using sperm from a sperm bank or they may select a donor who provides sperm through a mutual agreement. Gay couples may employ a gestational surrogate who will carry a child to pregnancy on their behalf. This also often entails an in-vitro fertilization procedure using sperm from one of the prospective fathers. Working with a surrogate means the couple is responsible for all of the pregnancy-related medical expenses. Surrogate pregnancy has been legal in most states for many years. There are clear processes involved to confer legal parenthood of the child on the prospective parents. A qualified attorney should prepare a surrogacy contract that spells out whether the surrogate retains visitation or other rights. Modern Family Formation has helped LGBTQ+ couples and individuals across Maryland, Virginia, and Washington D.C. build their families in the right way for them. To learn more, contact us.

On June 26, 2015, the Supreme Court issued its opinion in the case Obergefell v. Hodges regarding the constitutionality of same-sex marriages in the United States. In a 5-4 decision written by Justice Kennedy, the Supreme Court has legalized marriage equality.  Thus, same-sex married couples marriages are recognized in all 50 states for all purposes under federal law. 

Adoption is guided by statutes established in each individual state.  There is no universal adoption law that applies similarly to each state.  This is why interstate adoptions can be complicated and require an attorney with specific experience and knowledge in the field.  In addition, if you are lesbian or gay and trying to adopt – whether through an agency, private adoption or by means of a step parent or second parent adoption, the changing landscape of marriage equality becomes an important factor to consider.  Your adoption attorney should not only be well versed in ICPC, interstate, private and agency adoptions but they should have experience working with the LGBT community in handling in-state second parent adoptions but also in  working with the community through complex, multi-step interstate adoptions.

On October 6, 2014, the United States Supreme Court denied the review of the seven Federal Circuit Court rulings from the Fourth, Seventh, and Tenth Circuits.  These rulings held state bans on same-sex marriage violated the U.S. Constitution.  In doing so, the Supreme Court has allowed those favorable rulings for same-sex marriage to stand.  This means that five more states will be added to the list of states allowing same-sex marriage including Oklahoma, Utah, Virginia, Indiana, and Wisconsin.  It also means that marriage bans in the other states within those Federal Circuits will likely be invalidated.  This would include North Carolina, South Carolina, Wyoming, Colorado, Kansas, and West Virginia. 

As recently reported by the Washington Post (an article in which I provided background information for), many lesbians from Virginia, North Carolina, Texas, Ohio and other states that prohibit second parent adoption are coming into the District of Columbia to give birth so that they can complete their adoptions and obtain the legal recognition as parents to their children in their home states.