Second Parent Adoption

A second-parent adoption occurs when one partner in an unmarried couple adopts the other partner’s biological or adoptive child; this can occur in both gay and straight relationships. Adoption decisions, including second-parent adoption, should be made on a case-by-case basis, based on what's in the best interest of the child.  Unfortunately, the law often denies children the security of a legally recognized relationship with both of their parents simply because their parents are lesbian or gay. Currently, 30 states do not recognize same-sex second parents or stepparents.

Why Our Family Is Fighting North Carolina's Second Parent Adoption Ban

We’ve been together for seven years and live in Asheville, North Carolina with our 2-year-old daughter Quinn and our 7-month-old son Joe. I’m an elementary school librarian and Leigh is a kindergarten teacher who has been a stay-at-home mom since our daughter was born.

I Protected Our Country. Now I’m Trying to Protect My Family.

Veteran Dana Draa talks about why her kids, Miller and Margot, deserve to have all the protections afforded to them by having two legal parents, not just one.

Protecting Kids and Families in North Carolina

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 10:18am

We’ve just filed a new federal case in North Carolina to ensure that kids being raised by lesbian or gay parents can have legally protected relationships with both of the parents who are raising them. North Carolina bans second parent adoption – which is the name for that kind of protection – and the stories of two of our plaintiff families illustrate just how harmful the ban is. 

Crystal Hendrix and Leigh Smith are raising two children together, 2-year-old Quinn and Joe, their baby. Crystal carried each of them and of course is recognized as their mother. But Leigh, the stay-at-home mom, can’t become a legal parent because of the ban on second parent adoption. Crystal’s parents have never accepted the women’s relationship, so both Crystal and Leigh have a real concern about what would happen if Crystal were to die or become legally incapacitated, with Leigh remaining a legal stranger to the kids. Crystal, Leigh, and Leigh’s parents tell their story here

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