Adoption can be a rewarding way to grow one’s family - and in some situations, the only option. With a surplus of children awaiting safe and loving homes, one would think that adoption agencies would want to provide their services to every prospective parent, regardless of their gender, marital status, sexual orientation, or religion. 

Sadly, this is not always the case. 

Discrimination against marginalized persons in adoption is still a major issue in some states, and it does not appear to be changing any time soon. In fact, the White House recently voiced their support for faith-based organizations, stating that their denial of certain families falls under their protected right to exercise and practice their faith. They also granted an exemption for a faith-based adoption agency in South Carolina, which recently came under fire after it was revealed that they only place children in “Christian” households. 

Adoption is usually thought of as the process in which a single- or two-parent household brings a new child into their home, but not all adoptions happen this way. In fact, some adoptions involve a child that is already known and loved by the adopting parent.

One such example is the stepparent adoption.

In such cases, the stepparent is usually already a part of the family unit, and the biological parent in question may be out of the picture, no longer interested in being in the child’s life, or detrimental to the child’s mental, physical, or emotional development. Learn more about pursuing a stepparent adoption in Illinois, and discover how our seasoned family law attorneys can help to ease the process for your family. 

Adoption is one of the most rewarding decisions that a person can make. Of course, that single decision soon becomes just one of many. Some of the decisions you have to make will be fun or simple: coming up with a theme for the nursery, figuring out where the child will go to school, etc. Others will be more complex, and some might even feel like taxing, multilayered decisions, such as knowing if you are comfortable with the child knowing his or her birth parents. 

You must also decide when and how you would like to adopt, as there are several avenues that one can pursue on this journey. Some prospective parents choose to adopt through an agency, while others decide to go through the state. There are those who would prefer an international adoption and others that would rather adopt a child in foster care. Whatever your path, know that you do not have to travel it alone. The following information, along with the assistance of a seasoned family law attorney, can make all the difference in the weeks and months ahead. 

Why Hire an Attorney Now? 

Adopting parents often wait until legal proceedings to hire an attorney, but this decision can negatively impact your situation. First, you must research the adoption process in your state and hope you are given accurate information. Then you must decide which adoption path to pursue, perhaps without fully understanding the potential benefits and challenges to expect from each option. You might even find yourself going through unnecessary heartache if a birth mother changes her mind and you were not fully prepared for the possibility. 

The lesbian, gay, bi-sexual, transgender, queer (LGBTQ) community has experienced some major victories in the past few years, including the requirement that all states allow and recognize same-sex marriages. Their most recent win came when Congress rejected a discriminatory amendment that would have negatively impacted their ability to adopt a child. Sadly, the very presence of that amendment proves that the battle for equality is still far from over. Learn how you can protect your rights as an adopting LGBTQ parent, and discover how our seasoned family law attorneys can assist you with the process. 

Addition and Rejection of Discriminatory Amendment - What it All Means

Discrimination is far from a new experience for members of the LGBTQ community, but when the U.S. Supreme Court ruled that states could no longer ban same-sex marriages, many hoped the worst would be over. Unfortunately, that has not been the case. In fact, an alarming number of LGBTQ couples have been denied the right to end their marriage in divorce. Even when successful in obtaining a divorce, parties may be at risk of losing their parental rights to a child if they did not establish legal guardianship during their marriage. A total of 10 states also have laws with language that is similar to the recently rejected amendment. 

Added to an appropriations package for the Departments of Labor, Health and Human Services, Education, and Defense, the amendment would have allowed state workers to deny foster placements and adoptions to persons that identify as LGBTQ, even if they passed all other requirements. In short, the decision to deny them as adoptive or foster parents would have been based solely on their sexual orientation or identity, even if state laws did not reflect the same level of discrimination. 

While growing your family through adoption can be a positive and exciting life experience, there are many hurdles and obstacles that prospective parents must overcome. Some are exceedingly difficult to navigate on your own. As such, it is highly recommended that adopting families hire an attorney during the process. Learn more about why in the following sections. 

Adoptive and Birth Parents Have More Control Over the Process

Although adoption agencies are a wonderful resource for prospective parents, they tend to pair birth and adoptive parents based on an algorithm, or what they call “the best match.” Sadly, these matches are not always “the best” for the involved parties. There could be issues that you were not made privy to, or you may find that your personalities are incompatible. Unfortunately, you may have little to no other options if you go strictly through the agency. An attorney can serve as a mediator and assist with the decision process, which could allow you to have more control over who the prospective birth parents will be. Your attorney can also help to ensure the birth parents understand the legalities of their choice, which may give them more confidence as they move forward through the process.