Where is Gay Adoption Legal?

By Ramon Johnson, About.com

Updated: November 5, 2008

In the U.S., gay adoption laws vary from state to state. Here are the different types of adoption and a state-by-state index of adoption laws:

Types of Adoption/Guardianship:

• Single (Individual) Adoption
  Individual adoption is the traditional type of adoption where an unmarried person seeks to adopt a child that has been put for adoption by the birth parent(s) or by the State.
  
• Joint Adoption
  In a joint adoption an unmarried couple petitions the court to adopt a child that has been put for adoption by the birth parent(s) or by the State.
  
• Second-parent Adoption
  This type of adoption involves one parent who already has legal rights of the child and a second parent that is petitioning for joint rights. The initial parent does not give up parental rights. Usually, gay couples in states that do not allow joint same-sex adoption choose this option.
  
• Step-parent (Domestic Partner) Adoption
  When a child is already living with both same-sex parents, step-parent or domestic partner adoption is filed.
  
• Guardianship
  Where gay adoption is not legal, parents can protect their families by applying for guardianship. However, guardianship does not provide the same legal rights as adoption.
  
• Foster Care vs. Adoption
  Foster care differs from adoption in a few ways. A foster parent assumes care responsibility for the foster child, but the State maintains all legal guardianship of the child. Adoption transfers legal responsibility and care over to the adopting parents.

Gay Adoption State-by-State

• Alabama
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.
  
• Alaska
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.
  
• Arizona
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.
  
• Arkansas
  Arkansas Act One prohibits unmarried couples (both same sex and opposite sex) from adopting or fostering children. More on Act One
  
• California
  Permits single GLBT and joint adoption. Second-parent adoption allowed.
  
• Colorado
  Permits same-sex couple adoption. Also allows grandparents and other individuals helping raise the child to adopt.
  
• Connecticut
  Permits single GLBT and joint adoption. Second-parent adoption allowed.
  
• Delaware
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.
  
• District of Columbia
  Permits single GLBT and joint adoption. Second-parent adoption allowed.
  
• Florida
  Prohibits single and joint gay adoption.
  
• Georgia
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.
  
• Hawaii
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.
  
• Idaho
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.
  
• Illinois
  Permits single GLBT and couples adoption. Second-parent adoption allowed.
  
• Indiana
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.
  
• Iowa
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.
  
• Kansas
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.
  
• Kentucky
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.
  
• Louisiana
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.
  
• Maine
  Permits single GLBT adoption. On August 30, 2007 the Maine Supreme Judicial Court ruled unanimously in their favor on grounds that prohibiting the adoption would be counter to Maine's Adoption Act. (read more)
  
• Maryland
  Permits single GLBT adoption. Joint gay adoption unclear. Second-parent adoption allowed in some areas.
  
• Massachusetts
  Permits single GLBT and joint adoption. Second-parent adoption allowed.
  
• Michigan
  Permits single GLBT adoption. Prohibits joint adoption. Second-parent adoption unclear.
  
• Minnesota
  Permits single GLBT adoption. Joint gay adoption unclear. Second-parent adoption allowed in some areas.
  
• Mississippi
  Permits single GLBT adoption. Prohibits joint adoption. Second-parent adoption unclear.
  
• Missouri
  Single GLBT and joint adoption unclear. Second-parent adoption unclear.
  
• Montana
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.
  
• Nebraska
  Single GLBT adoption unclear. Does not clearly prohibit joint gay adoption. Prohibits second-parent adoption.
  
• Nevada
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.
  
• New Hampshire
  Permits single GLBT adoption. Prohibits joint adoption. Second-parent adoption unclear.
  
• New Jersey
  Permits single GLBT and joint adoption. Second-parent adoption allowed.
  
• New Mexico
  Permits single GLBT and joint adoption. Second-parent adoption allowed in some areas.
  
• New York
  Permits single GLBT and joint adoption. Second-parent adoption allowed
• North Carolina
  Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption unclear.
  
• North Dakota
  Single GLBT and joint adoption unclear. Second-parent adoption unclear.
  
• Ohio
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption not allowed.
  
• Oklahoma
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.
  
• Oregon
  Permits single GLBT and joint adoption. Second-parent adoption allowed in some areas.
  
• Pennsylvania
  Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption allowed.
  
• Rhode Island
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption allowed in some areas.
  
• South Carolina
  Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption unclear.
  
• South Dakota
  Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption unclear.
  
• Tennessee
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.
  
• Texas
  Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption allowed in some areas.
  
• Utah
  Permits single GLBT adoption. Joint adoption prohibited. Second-parent adoption unclear.
  
• Vermont
  Permits single GLBT and joint adoption. Second-parent adoption allowed.
  
• Virginia
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.
  
• Washington
  Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption in some areas.
  
• West Virginia
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption unclear.
  
• Wisconsin
  Permits single GLBT adoption. Does not clearly prohibit joint gay adoption. Second-parent adoption prohibited.
  
• Wyoming
  Permits single GLBT adoption. Joint adoption unclear. Second-parent adoption unclear.

http://gaylife.about.com/od/gayparentingadoption/a/gaycoupleadopt.htm