Adoptions and Same-sex Marriages

San Jose Same-Sex Family Law Attorney

Adoptions and Same-sex Marriages

As of May 15, 2008 the State of California Supreme Court ruled that the state may no longer exclude same-sex couples from civil marriage. California has been increasingly progressive in protecting the rights and liberties of the gay, lesbian, bisexual, and transgendered community. Among these rights is the right of LGBT people to adopt children.

The Family Code

According the California Family Code SS 8600, 8601 any adult who is at least 10 years older than the child in question may adopt that child. This includes adults in same-sex marriages.

Sharon S. v Superior Court

This landmark family law case in the State of California helped to establish the statute that second parent adoptions are expressly permitted statewide. This means that a gay man or lesbian woman can adopt the biological child of his or her partner. The statute also allows stepparent adoptions by registered domestic partners.

Protection from Discrimination

The same law established a ban on any and all forms of discrimination against LGBT prospective parents in foster care/adoption. This means that a same-sex couple cannot be disqualified or denied adoptive rights on the sole basis of their sexual orientation.

If you and your spouse are a same-sex couple and are considering bringing a child into your home through adoption, having a knowledgeable and experienced attorney by your side can help avoid confusion and error.

Contact Daniel Jensen – A San Jose Family Law Attorney

Contact San Jose same-sex family law attorney Daniel Jensen at 408-296-4100 for guidance from a professional who cares. We will discuss your situation and determine the best route for making your family whole.