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Wheaton adoption lawyerOn September 18, 2020, the nation was devastated with the announcement of one of the U.S. Supreme Court’s most prominent Justices, Ruth Bader Ginsburg’s, death. Justice Ginsburg was a voice for many marginalized groups in America, especially the LGBTQ community. Among her most recognized endeavors, was her supporting vote in favor of granting same-sex couples the right to get married in all 50 states. Justice Ginsburg’s death has undoubtedly caused civil unrest and has potentially placed LGBTQ rights at risk as a seat on the Supreme Court is now vacant for the President to fill. With the legalization of same-sex marriage came the legalization of LGBTQ adoption in the United States. However, there are still many countries that do not recognize equality amongst the LGBTQ community, and given the controversial political climate, it is important for same-sex couples to understand their rights when adopting a child.

When most people think of adoption, they think of a typical scenario in which the biological parents give up their rights to their child and another couple is granted parental rights to that child through the adoption process. However, same-sex adoptions work much differently. While it may seem obvious, the biological parent automatically has rights to the child by virtue of giving birth to that child. But, in a same-sex relationship, the other non-biological parent’s parental rights are not absolute. Therefore, adoption is necessary to safeguard those rights in countries or within institutions that may not recognize same-sex rights or in the event that same-sex rights are ever nullified or modified to impact parental rights.

Same-sex adoption or “second parent adoption” are terms that refer to the same thing: the rights of a second parent (the non-biological parent) to adopt a child and formally obtain parental rights. A same-sex adoption, therefore, creates a legally binding relationship between the second parent and the child. The process begins with the filing of a Petition for Adoption with the Court. During the adoption proceedings, the Court will appoint a Guardian Ad Litem and require that the prospective adoptive parent undergo a criminal background check. Once all of the necessary requirements are met, the Court will then enter a final Judgment Order of Adoption formalizing the second parent’s rights to the child.

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