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ADOPTION & ART ATTORNEYS IN MARYLAND, DISTRICT OF COLUMBIA & VIRGINIA

ADOPTION & ASSISTED REPRODUCTIVE TECHNOLOGY (ART) ATTORNEYS

    • ADOPTIVE FAMILY SERVICES

      Second Parent Adoption

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    A second-parent adoption occurs when one partner wishes to adopt the other partner’s child, allowing them to share equal legal parental rights. This typically occurs when the couple is unmarried or if they’re a same-sex couple and wish to ensure their parental rights are protected.
    Second Parent Adoption Services in Maryland, Virginia and Washington, DC

    An attorney is always needed to complete a second-parent adoption in VirginiaMaryland or Washington, D.C.  couples complete their families through second-parent adoptions, and we have many years of experience doing so. We are proud to help couples  complete their families through second-parent adoptions, and we have many years of experience doing so.  If you’re ready to legally confirm your status as a family, contact us now.


    To learn more about second-parent adoption in DC, MD and VA, read the following guide for more information:


    Who Might Consider Adopting a Partner's Child?

    Second-parent adoptions are commonly completed by same-sex couples who are in a committed relationship and raising a child together but not legally married. For example, if one person previously adopted a child individually or has a biological child from a previous relationship, their partner may choose to complete a second-parent adoption, giving them both equal legal rights to their child.

    

    With the legalization of same-sex marriage, married same-sex couples can also choose to adopt jointly or to complete a stepparent adoption. There are many ways for you to become a family. If your family is already complete but lacks legal formalization of the bonds you share, we can help.


    To learn more about which type of adoption is appropriate in your situation, contact us now. We can advise you about how to best complete your family.


    The Process of Second Parent Adoption in the District of Columbia, Virginia, and Maryland

    The District of Columbia  allows second-parent adoptions if a child was born in the District on or after July 1, 2009. Non-resident couples may obtain an adoption in the District or a judgment of parentage based solely on the birth of the child in the District of Columbia. This means lesbian couples who gave birth to a child in the District of Columbia after July 1, 2009 will be able to obtain a second-parent adoption in DC, even if they reside outside of the District. Once granted, the Commonwealth of Virginia, North Carolina, other states and the federal government should recognize the adoption for all purposes. 


    The first second-parent adoption in
    Maryland was granted in late 1996, and the first second-parent adoption in the District of Columbia was granted in 1995. Today, second-parent adoption in either jurisdiction is routinely granted as long as the parents have met the adoption criteria required by the local court.


    Stepparent adoptions by same-sex married couples became legal in 2014 in the Commonwealth of
     Virginia.  Adoption for unmarried couples became available on July 1, 2021. The statute reads that in cases in which the spouse of a birth parent or parent by adoption or a person with a legitimate interest who is not the birth parent of a child wishes to adopt the child, the birth parent or parent by adoption (and spouse or other person with a legitimate interest) may file a petition for adoption. The interested party must file the petition in the circuit court of the county or city where the birth parent or parent by adoption (and spouse or other person with a legitimate interest) resides or the county or city where the child resides. Despite being slower to grant these equal adoption rights to same-sex couples than other states,Virginia now recognizes  stepparent and second-parent adoption for all families.


    Our team has handled hundreds of second-parent adoptions in all three jurisdictions. We can help you complete your family through second-parent adoption.

    Second Parent Adoptions in LGBT Families and ART Cases

    Second-parent adoptions often occur when one lesbian partner bears the child with the use of donor sperm or when a male couple uses a gestational carrier to carry their child and one is the biological father. We have worked with couples using known sperm donors, gestational carriers and egg donors. Likewise, we've helped when one lesbian partner was the biological mother and the other was the birth mother. Our extensive experience in family building makes us the top choice for the LGBTQ+ community in securing parental rights through adoption or parentage actions. 


    Maryland, Virginia and the District of Columbia will name a married lesbian couple as the parents of a child born to them when the birth mother identifies her spouse at the hospital as the child's other mother. In Maryland and the District of Columbia, marriage is not required to take advantage of this law as long as the couple signs parentage paperwork at the hospital.


    If you are an LGBTQ+ individual,
    contact us  about the process for gay and lesbian second-parent adoption in Maryland and the District of Columbia and stepparent adoption for LGBTQ+ parents in Virginia. It is still recommended that parents in same-sex or same-gender relationships secure their parental rights through an adoption. A birth certificate is a presumption of parentage but the adoption is a judicial determination given full faith and credit across the country.

    How Family Formation Law Offices Can Help You Complete Your Second-Parent Adoption

    We have been seen on ABC News discussing marriage recognition in Maryland and marriage in the District of Columbia, specifically regarding the impact on LGBTQ+ clients considering becoming parents. Client feedback demonstrates that we are one of the top adoption law firms for the LGBTQ+ community.


    Uncontested second-parent adoptions are handled on a capped-fee basis, and we are the most competitively priced law firm with extensive experience handling second-parent adoptions in Virginia, DC and Maryland.


    In the District of Columbia, Virginia and Maryland, LGBTQ+ individuals and couples are also eligible to adopt through an
    agencyfoster care or private placement adoption. However, religious-based agencies in Virginia can refuse to work with you or your family. Contact us now to learn more about all of your family-building options so you can choose the path that’s best for your family.



    DOES A SURROGATE HAVE TO CONSENT TO AN ADOPTION?

    If you use a traditional surrogate, she will have to consent to any adoption by a non-biological parent of the child. This may be a stepparent or second-parent adoption. If you use a gestational surrogate, which is recommended since it provides greater legal protections for all the parties, you can often obtain a birth order declaring your parentage prior to the baby's birth, avoiding the need for an adoption.



    CAN SAME SEX CLIENTS ADOPT?

    Yes. In Maryland, Virginia and the District of Columbia, gay and lesbian parents can adopt as single or married parents. Some other states will not grant same sex adoptions, so talk to your attorney before you get started to ensure your adoption plan can be completed. Maryland and DC allow both second-parent and stepparent adoptions for same-sex partners, and Virginia allows for a stepparent adoption (thus you must be married in Virginia to adopt your partner's/spouse's child).



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