Helping gay or lesbian clients reach the goal of being joint parents through adoption is both enriching and rewarding.  Here are a few practice tips:

Know the law.  Be sure you're familiar with adoption laws in your state and local jurisdiction. "Second parent adoption" generally is the term used when same sex parents adopt a partner's child but learn the correct terminology used in your state.  Although the state may not specifically allow or preclude a second parent adoptions some will let them proceed as joint or stepparent adoptions, and some counties are more favorable than others when it comes to granting adoptions by same-sex couples. 

Identify the type of adoption.  At the consult, be sure you identify the type of adoption being sought.  Your client may (a) want to adopt a child domestically or internationally now so her/his partner can later adopt the child; (b) be a birth or adoptive parent who wants her/his partner to adopt his/her child; or (c) your client’s partner may already have a birth or adopted child and your client wants to adopt their partners’ child. 

Establish who you represent.  Gay and lesbian clients often seek out legal advice as a couple.  The potential for conflict exists with second parent adoptions because the legal parent is giving up the constitutional right to exclusive to parent the child and the adopting parent is taking on the legal responsibility of parenting and supporting the child even after a dissolution.  Be clear in your retainer agreement about conflicts, waivers and who is the client. 

Know the legal impact. Discuss what rights your client is giving up or gaining by adopting the child.  Gay and lesbian clients often ask if the adoption will be recognized in other states.  While the answer should be "yes" under the Constitution's Full Faith and Credit Clause, it's unclear whether every state will recognize two legal parents of the same sex.  Advise your clients to investigate parental rights laws before relocating to another state.  You should also be familiar with the tax benefits and consequences of adoption.  You need not be an expert on tax law, but know the state and federal tax benefits to the adopting parent and advise your client to seek tax advice regarding dependents, filing status and exemptions.

Network with experienced attorneys.  Representing gay and lesbian adoption clients requires a lot of attention to details, so it is helpful to initially reach out to others with legal experience in this area to ask questions and seek assistance with the adoption process.



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