girlfriends 338449 1920

Same-sex Couples: Children and Adoption

Same-sex marriage has only been legalized quite recently. If you are already married or you are wanting to marry and want to have children, that is not a problem. There are many same-sex couples who are very successful in parenting.

There are many scenarios which could be at play here.

It is possible that one or both of you already has a child or have children as the case may be. It is best to consult with a lawyer so you can make sure that you can make custody and support work without any problems in the future.

Usually, same-sex couples do not have children before they entered into marriage with each other. In this case, adoption is the common course of action. Before, same-sex couples were required to adopt as two single people jointly adopting the same child and not as a couple. That means that one will go through the adoption first and complete the process and then after a period of six months, the other will go through the same adoption process. Under the revised rules of procedure, same-sex couples can now adopt jointly provided that they are married with each other. The process is now simpler.

Jointly adopting is very important so that each parent will have the same rights and responsibilities towards the child. It is to protect your relationship with your child.

The entire adoption process will have to take months. For how many months exactly? That we do not know. It will depend on the circumstances. The FBI will also have to background check the parents— biological and non-biological. Everything about you and your partner will be assessed. That includes your education, employment, financial situation, home environment, family history, and even health. The state of Texas requires prospective parents to participate in home screening before the adoption. Basically, the state wants to know if the prospective parents are fit and ready to adopt. The state is committed to make sure that the adoption is for the best interest of the child.

In cases of assisted reproduction, the intended parents, who must be validly married, must enter into a gestational agreement. Some examples of assisted reproduction are Artificial Insemination, In-Vitro Fertilization, Surrogacy, and Donor Conception, among many others offered by science.

What will be the status of the adopted child?

The birth certificates of adopted children will reflect the names of both parents, regardless of the parents’ genders. This is the case even if one parent is the biological parent of the child.

In order to ensure that the status of your child and your relationship with him or her is protected, you should consult a family lawyer to make sure that everything is in place and you will not encounter issues in the future. Even in your application for adoption, a lawyer will make sure that you do not miss a step so your application will be successful.

The following two tabs change content below.
Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at

Leave a comment

Your email address will not be published. Required fields are marked *