Resources for LGBTQ+ Families Adopting

June 24th, 2024
Posted By
Sarah M. Litowich
two dads smiling with their son - lgbtq adoption concept
There are many children who need loving homes and adoption can be a wonderful and rewarding way to grow a family. However, there can be many challenges throughout the process — and LGBTQ+ couples can often face many hurdles. If you are an LGBTQ+ couple who is looking to fulfill your dream of becoming parents through adoption, it’s essential to understand the laws surrounding LGBTQ+ adoption and the resources that are available to you.

Is LGBTQ+ Adoption Permitted in Oregon?

Families in Oregon are diverse. Anyone 21 or older can adopt in Oregon, whether they are single, married, divorced, or have a domestic partner. Importantly, LGBTQ+ adoption is permitted in Oregon — and same sex couples have the same adoption rights as heterosexual couples. However, there are a number of requirements that must be met before a couple can adopt a child. LGBTQ+ couples who wish to adopt must satisfy the same criteria as other families looking to adopt. Just like other couples, an LGBTQ+ couple wishing to adopt may live in a home or an apartment, but they must have room for the child. Parents may work inside or outside of the home. However, they must make enough money to support their family and be able to physically care for a child. Adoptive parents must also pass a home study assessment, as well as a child abuse and criminal background check.

What are the Ways LGBTQ+ Couples Can Adopt?

There are several ways that couples — including LGBTQ+ couples — may adopt a child in Oregon. The avenue for adoption you choose can be based on your preferences, as well as the preferences of the birth parents. The different types of adoption in Oregon are as follows:
  • Stepparent adoption — One of the most common types of adoption in Oregon is stepparent adoption. This allows the biological parent to keep their parental rights, while legally protecting the stepparent’s relationship with the child.
  • Second parent adoption — For many same-sex couples, there is one legal and biological parent, even though both parents take part in raising the child. Second parent adoption refers to the adoption of a child by the parent who is not biologically related to them.
  • Adopting from foster care — Couples can adopt a child who has been placed in foster care through the State of Oregon Department of Human Services. Children come into the custody of DHS through court terminations of parental rights or when a parent voluntarily gives custody of a child to the state.
  • Private adoption — Private adoptions are done through private adoption agencies that are licensed by the state. These agencies work directly with birth parents who wish to place their newborn with an adoptive family.
  • Independent adoption — Adoption can be done independently, without involving an agency or the Department of Human Services. With an independent adoption, the adoptive parents typically find a pregnant mother through networking or advertising and complete the process with the help of an attorney. Independent adoption can also occur when a family member or friend adopts a child because the child’s parents are unable to care for them.
  • International adoption — International adoption, also sometimes called inter-county adoption, involves adopting a child from another country. These types of adoptions are typically handled through adoption agencies and have their own specific steps and costs.
There can be advantages and disadvantages to each type of adoption, depending on your specific circumstances. Also, it should be noted that although same-sex adoption is legal in Oregon — and every other state — LGBTQ+ couples may have difficulty adopting from certain countries. It’s important to work with an adoption attorney who can best advise you regarding your LGBTQ+ adoption rights and options.

What Types of Support are Available to LBGTQ+ Adoptive Parents?

The same emotional bonds biological parents have with their children can also be formed with adoptive parents. However, LGBTQ+ adoption is not without its challenges. It’s essential to be aware of the many different types of support that may be available to you. For instance, Oregon’s Adoption Assistance Program can help to remove financial barriers and provide medical coverage to the child. In addition, parents who are adopting through foster care are required to complete 24 hours of training and may be asked to complete additional classes, based on the needs of the child. LGBTQ+ adoptive parents may also be able to find support groups and training opportunities in their local communities.

Contact an Experienced Oregon Adoption Attorney

As with any adoption, LGBTQ+ adoption can be emotionally and legally complex. If you are considering adoption, it’s critical to have an experienced attorney by your side to guide you through the process. Based in Salem, Litowich Law provides trusted representation to prospective adoptive parents throughout Oregon for a variety of adoptions, including those involving LGBTQ+ couples. We welcome you to contact us for a consultation.
Categories: Adoption