Press
reports indicate that adoption by gay and lesbian couples is
increasing. The USA Today newspaper reported that 21,740 same sex
couples adopted a child in 2009 up from 6,477 in 2000. Despite this
increase and the growing acceptance gay and lesbian couples can still
have trouble with adoption.
Just like any other couple, Gay,
Lesbian, Bisexual and Transsexual or LGBT couples will need help from a
good family law attorney when they adopt. There are restrictions on such
adoptions but an experienced adoption lawyer can help a couple get
around them.
There are many other legal concerns that arise when a
person adopts a child so it is always a good idea to concern an
attorney. For example there is child custody and the legal arrangements
that need to be made to ensure the child will be cared for if one of the
partners dies or becomes unavailable.
Legal Arrangements for Adoption
A
wide variety of legal arrangements will have to be made including ones
that ensure custody. If a couple adopts a child from overseas there will
be a whole other set of concerns including immigration law.
Even
taking custody of a child with a partner can open a can of worms. A
relative may challenge the adoption and courts may deny it. Contrary to
popular belief, courts can and will throw out adoptions not filed by
attorneys and they will often ignore petitions and legal documents filed
by individuals that are not represented by an attorney.
An
adoption will not be legally binding if it does not meet the legal
requirements. The best way to ensure that it meets the legal
requirements is to have it prepared by an experienced adoption attorney.
Unfortunately,
gay people will often be held to a higher standard when they adopt.
They will be more likely to face challenges and therefore they will be
more in need of a lawyer’s help for this simple legal matter. Even
though the courts are supposed to recognize LGBT people’s rights they
often don’t.
In many cases gay people that want to adopt will
need to go to court and fight for their rights. In that case they need
find the best adoption lawyer they can and have that individual
represent them. Spending a few extra dollars on such an attorney can
make the dream of adoption come true and help the couple overcome any
objections.