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How stepparent adoptions can help to protect same-sex parents

On Behalf of | May 26, 2025 | Family Law

Growing a family can be more challenging in certain circumstances. Same-sex couples can marry, but they typically cannot have natural-born children without assistance. There are many ways for same-sex couples to grow their families.

Sometimes, one spouse in a same-sex marriage enters the relationship with a child from a previous relationship. Other times, one spouse may provide genetic materials for surrogacy or may carry a child for the family. They may even adopt, a process that they may complete before getting married.

In such cases, technically only one parent has legal or genetic ties to the child. To protect the rights of the other parents, a stepparent adoption might be necessary.

How does stepparent adoption help?

There are numerous benefits that come from completing a stepparent adoption in a same-sex marriage. The first is the protection of the parental rights of the stepparent. They can seek shared custody if they divorce or retain custody if their spouse dies.

Their actions can also benefit the child. Remaining connected to their surviving parent after a tragedy or divorce could be critical for their emotional and social development. The child can feel more secure about the future because their parents both have legal connections to them.

The child may become eligible for certain health benefits. They may also have legal inheritance rights after an adoption. Otherwise, they can only inherit if a stepparent names them in their will. A stepparent adoption can also help solidify familial bonds and make everyone in the family more confident about the future of the household.

Stepparent adoptions are often a lengthy process that requires the consent of several parties. Retaining appropriate support when preparing for a stepparent adoption can help same-sex couples secure the same rights and protections that other families enjoy.

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