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Writer's pictureAudrey Hickey

LGBTQ+ Adoption: Your Guide to Building a Family

Updated: 3 days ago

While many associate LGBTQ+ family planning with assisted reproductive technologies like intrauterine insemination (IUI) or in vitro fertilization (IVF), adoption is another appealing option. 


In this article, we'll explore the history of LGBTQ+ adoption in the United States, highlight the different types of adoption, and provide resources tailored to prospective adoptive parents within our community.

Two moms and their daughter laughing

Can LGBTQ+ People Adopt?

LGBTQ+ singles and couples in the United States can adopt through private domestic adoption or foster care adoption.


Although LGBTQ+ adoption rights are relatively recent, statistics show significant interest and participation within the community.


As an example, an estimated 2 million LGBTQ+ individuals who are not yet parents are considering adoption. Among those who are already parents, about 21% of same-sex couples with children have adopted.

 

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History of LGBTQ+ Adoption in the United States 

The history of LGBTQ+ adoption in the United States is closely linked to marriage. For many years, a couple's ability to adopt, whether they were straight or same-sex, was largely determined by marital status.


Essentially, married couples faced fewer obstacles when looking to adopt. In contrast, singles often found themselves either ineligible or up against significant challenges during the adoption process. 


Before marriage equality, LGBTQ+ couples were effectively excluded from adopting simply because they couldn’t marry. 


As individual states began to legalize same-sex marriage, LGBTQ+ couples got closer to adoption equality as well. The biggest step forward came in 2015 when the Supreme Court's Obergefell v. Hodges decision established that the Constitution guarantees the right to same-sex marriage.

Two dads and their baby

This landmark ruling not only legalized same-sex marriage federally but also broke down the legal barriers preventing LGBTQ+ couples from adopting children together. Previously, state laws that restricted adoption to married couples now had to accommodate same-sex couples who could legally marry.


Despite the monumental impact of the Obergefell v. Hodges decision, full adoption equality didn’t come until 2016. That year, a federal judge declared a Mississippi law banning LGBTQ+ adoptions unconstitutional, removing the final legal obstacle for same-sex couples hoping to adopt.


Challenges to LGBTQ+ Adoption

Since the 2015 Obergefell v. Hodges decision and the 2016 Mississippi ruling, LGBTQ+ couples are legally permitted to adopt from publicly run adoption agencies in all 50 states.


At least in theory. 


While federal law supports LGBTQ+ adoption, state laws can still pose challenges, particularly when it comes to private, faith-based organizations.


For instance, 18 states and four territories lack explicit protections against adoption discrimination based on sexual orientation or gender identity. Of these, 14 states allow state-run child welfare agencies to refuse placement or services to children and families — including LGBTQ+ individuals and same-sex couples — if it conflicts with their religious beliefs.


You can see a full state-by-state breakdown of adoption laws here. 

 

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Types of Adoption

There are three types of adoption: private domestic, foster care, and international. Here’s what you need to know about each type. 


Private domestic adoption

This type of adoption, also known as domestic infant adoption, involves adopting an infant through an adoption agency. These agencies connect birth mothers with prospective adoptive parents.


Adoptive parents must complete an application, interview, complete training, and have a home study to determine their eligibility. Once the adoptive parents are approved, birth mothers select a family for their baby from a selection of profiles. 


The advantage of this type of adoption is that it gives adoptive parents more control over preferences like age or gender. However, the downsides include a rigorous screening process and high application costs.


Foster care adoption 


Children adopted through foster care are generally older than those placed through private agencies. While some are infants, many are older children and teenagers. Additionally, many children in foster care have medical conditions — whether physical, emotional, or mental — and may have specific needs, such as being placed with siblings.


Despite these challenges, foster care adoptions offer several benefits. The process is often shorter and more straightforward than private adoptions, and it is very affordable, sometimes even free.

Holding a child's hand

International adoption 

International adoptions are more challenging for LGBTQ+ people than domestic adoptions. That’s not to say they’re impossible, but many countries prohibit adoption by LGBTQ+ couples and even singles who identify as LGBTQ+. 


At the time of writing, seven countries allow LGBTQ+ people to adopt. These are: 

  • Brazil

  • Colombia

  • Israel

  • South Africa

  • The Philippines*

  • Taiwan**

  • Mexico+


* Only single LGBTQ+ are eligible to adopt

**There is no official law prohibiting LGBTQ+ people from adopting,

but challenges may still arise

+ In practice, this has only been allowed in Mexico City


If you want to pursue an international adoption, research the country’s laws and contact an international adoption agency regarding country-specific restrictions. 

Here are a few US-based international adoption agencies to explore: 

 

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LGBTQ-Friendly Adoption Resources 

Although LGBTQ+ adoption is increasingly common, finding resources directed toward our community remains a challenge. 


Below, we’ve compiled a list of resources to help you understand the adoption process, find LGBTQ-inclusive adoption agencies, and even get financial assistance for the adoption process.


General resources Family Equality Council

A nonprofit organization focused on improving the legal and lived equality of LGBTQ+ families through community building and policy change. Check out their adoption page for a glossary of helpful terms, cost breakdowns, and personal stories from LGBTQ+ adoptive parents. 


AdoptUSKids

Adoption laws and resources with plenty of articles targeted at prospective LGBTQ+ parents. 


Adoption agencies 

Human Rights Campaign (HRC) 

HRC’s All Children – All Families Program maintains a map of accredited adoption agencies with LGBTQ+ inclusive policies and practices.


Adoption grants 

Run by the American Academy of Adoption Attorneys, this trust provides financial assistance to those building their family through adoption. Grants range from $500 to $2,000 and are available for singles and couples. 

Provides adoption education, resources, and grants of up to $10,000. 


A $1,000 grant for those needing financial assistance to adopt. 

The Family Formation Charitable Trust provides grants from $500 to $2,000 to individuals or couples. Covers domestic, foster care, and international adoptions. 

A grant program for individuals and couples offering awards of up to $20,000. The money can be used to pay for a licensed adoption agency or a lawyer. 

Offers grants ranging from $500 to $4,000 to offset the cost of adoption. 

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