Despite the tremendous progress the LGBT movement has made in the last few decades, substantial misconceptions still remain regarding the rights of LGBT individuals and couples concerning adoption. Legal adoption of a non-biological child establishes a legal relationship between the child and the non-biological parent, and puts the adoptive parent on precisely the same legal plane as the biological parent. In a second-parent adoption, a party unrelated by marriage establishes parental rights to a minor child.
This issue typically arises when a same-sex couple chooses to welcome a child into their family through some form of Alternative Reproductive Technology where one parent, but not the other, is the actual biological parent of the child i. Artificial Insemination, Surrogacy, etc. Inthe U.
But the road to becoming a parent for gay couples remains difficult, even for those trying to adopt or take in foster kids. Gay marriage became legal in Minnesota in and in the whole U. But hurdles continue for gay couples hoping to have families.
This is where fact and fiction separate. Most people, regardless of divorce, being single, large families, etc. Let's cover the basics:. Q : Who is it that decides who can adopt?
Half of married gay women in Minnesota are forced to adopt their own children under Minnesota law. Insame-sex marriage became legal. The legal inequity is the result of other laws — with gender-specific language — that were never changed when same-sex marriage was legalized.
Minnesota became the first U. Inthe state legalized same-sex marriageafter a bill allowing such marriages was passed by the Minnesota Legislature and subsequently signed into law by Governor Mark Dayton. This followed a ballot initiative, in which voters rejected constitutionally banning same-sex marriage.
They are working toward the day when all Minnesotans have the freedom, power and confidence to make the best choices for their own lives. Their slogan is Leading Minnesota Toward LGBTQ Equality — reflecting the leadership role we provide in moving the state toward full equality for lesbian, gay, bisexual, transgender, and queer people, and bringing allies into the movement. Family Equality Council Family Equality Council connects, supports, and represents the three million parents who are lesbian, gay, bisexual, transgender and queer in this country and their six million children.
Same-sex marriage is fully legal and recognized in the U. Same-sex marriages have been recognized if performed in other jurisdictions since July 1,and the state began issuing marriage licenses to same-sex couples on August 1, After Minnesota was the second state in the Midwestafter Iowato legalize marriage between same-sex couples  and the first in the region to do so by enacting legislation rather than by court order.
For same-sex couples, it is often the case that there is only one legal parent even though two people may equally parent the child and think of themselves as co-parents. This is because the status as a legal parent is automatically conveyed to the parent who has a biological connection to a child, such as a biological mom or biological dad. Similarly, while some couples raise an adopted child together, only one of them may have officially become the adoptive parent because some agencies prohibit same-sex couples from adopting together but permit an LGBTQ individual to do so.
When Minnesota began allowing same-sex couples to marry, this created for the first time the possibility of a same-sex couple going through the stepparent adoption process, by which one spouse legally adopts the child ren of the other. Previously, the only similar option was a "second-parent adoption" -- see below. Although the Minnesota Department of Health will, under certain circumstances, list two same-sex spouses on the birth record of a child born to one of the spouses during the marriage, just being listed on the birth record as a parent does not establish a legal relationship.