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Same-sex adoption

Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child (stepchild adoption).

Joint adoption by same-sex couples is permitted in 39 countries. Most countries and territories that allow same-sex marriage (exceptions being Ecuador and Nepal), as well as several countries and dependent territories that do not (Bolivia, Croatia, Israel and two UK territories of Bermuda and the Cayman Islands) allow for same-sex joint adoption. In some of the countries with marriage, legislation for adoption preceded that for marriage.


Adoption is only permitted for same sex married couples in 21 of the 31 Mexican states and Mexico City, despite a Supreme Court ruling that requires states to allow it. Stepchild adoption is permitted for same-sex couples in two countries without same-sex marriage - San Marino and Czechia permits step-child adoption in which the registered partner can adopt the biological and, in some cases, the adopted child of his or her partner.


Given that constitutions and statutes usually do not address the adoption rights of LGBT persons, judicial decisions often determine whether they can serve as parents either individually or as couples. Opponents of adoption by same-sex couples have argued that LGBT parenting adversely affects children. However, research consistently shows that gay and lesbian parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as those reared by heterosexual parents.[1][2][3]


Same-sex parents pursuing adoption must also contend with social pressures to conform to heteronormative gender roles.[4] The concept of gender role models is necessitated by the bureaucratic organization of foster care and adoption agencies, particularly in the United States.[5]

Debate[edit]

Arguments[edit]

The adoption of children by LGBT people is an issue of active debate. In the United States, for example, legislation to prevent adoption by LGBT people has been introduced in many jurisdictions; such efforts have largely been defeated. Prior to 1973, state courts commonly barred gay and lesbian individuals from holding a parenting role, especially through adoption.[9]


Major professional organizations have made statements in defense of adoption by same-sex couples. The American Psychological Association has supported adoption by same-sex couples, citing social prejudice as harming the psychological health of lesbians and gays while noting there is no evidence that their parenting causes harm.[10][11][12][13] The American Medical Association has issued a similar position supporting second parent adoption by same-sex partner, stating that lack of formal recognition can cause health-care disparities for children of same-sex parents.[14]


The following arguments are made in support of adoption by LGBT parents:

(2014)[58]

Andorra

(2010)[59]

Argentina

(first jurisdiction 2002, last jurisdiction 2018)

Australia

(2016)[60]

Austria

(2006)[61]

Belgium

(first couples eligible 2020; nationwide 2023)

Bolivia

(2010)[62]

Brazil

(first jurisdiction 1996, last jurisdiction 2011)[63][64]

Canada

(2022)[65]

Chile

(2015)[66]

Colombia

(2020) [67]

Costa Rica

(2022)[68]

Croatia

(2022) [69]

Cuba

Denmark

[70]

(2024)[73]

Estonia

(2017)[74]

Finland

(2013)[75]

France

(2017)[76]

Germany

(2024)[77]

Greece

(2006)[78]

Iceland

(2015)[79]

Ireland

(2023) [80]

Israel

(2023) [81]

Liechtenstein

(2015)[82][83]

Luxembourg

(2014)[84]

Malta

(2001)[85]

Netherlands

(2013)[85]

New Zealand

(2009)[86]

Norway

(2016)[87]

Portugal

(2022)[88][89]

Slovenia

(2002)[90]

South Africa

(2005)[91]

Spain

(2003)[92]

Sweden

(2022)[93]

Switzerland

(2023)[94]

Taiwan

(TBD)[95]

Thailand

United Kingdom

England

(first jurisdiction 1993, last jurisdiction 2017)[100][101][102]

United States

(2009)[103][104]

Uruguay

Same-sex marriage

Civil union

LGBT rights

Heterosexism

Adoption proceedings of Emma Rose

, a 2007 documentary about a lesbian adoptive couple

Mommy Mommy

, a 2008 documentary about a gay adoptive couple

Preacher's Sons

Catholic Charities USA § Controversies

Same-sex adult adoption

Lerner, Brenda Wilmoth; Lerner, K. Lee, eds. (2006). . Thomson Gale. ISBN 978-1-4144-0325-0. Primary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms

Gender issues and sexuality : essential primary sources

Lerner, Brenda Wilmoth; Lerner, K. Lee, eds. (2006). . Thomson Gale. ISBN 978-1-4144-0330-4. Primary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms

Family in society : essential primary sources

Stacey, J. & Davenport, E. (2002) Queer Families Quack Back, in: D. Richardson & S. Seidman (Eds) Handbook of Lesbian and Gay Studies. (London, SAGE Publications), 355–374.

: Adoption- Options for Reform: Wellington: New Zealand Law Commission Preliminary Paper No 38: 1999: ISBN 1-877187-44-5

New Zealand Law Commission

– News and Current Events pertaining to the rights and responsibilities of same-sex parents in adopting and parenting

Gay.com – Adoption and Parenting

– News story of gay and lesbian adoptive families, and the surrogate and donor family

Canada.com "In the Family Way"