Adoption is a profoundly life-changing journey. For LGBTQ families, this path comes with its unique blend of joys and challenges, particularly when working through the legal and emotional factors of adoption.
In Washington State, the journey is marked by progressive laws and supportive communities, but it still requires a detailed understanding of the adoption process and applicable legal protections.
Reviewing adoption law and processes for LGBTQ families is crucial to make sure that they’re represented fairly. At Christina T. Sherman, PLLC, in Pierce County, Washington, our lawyer is committed to guiding your family on its unique path. Here, we’ll walk through the adoption process for LGBTQ individuals and couples in Washington.
LGBTQ Adoption Rights in Washington
Washington is one of the more progressive states in the U.S. when it comes to LGBTQ rights. The state has established laws that explicitly protect the rights of LGBTQ individuals and couples to adopt.
Since the legalization of same-sex marriage in Washington in 2012 and nationwide in 2015, LGBTQ couples have enjoyed equal parenting rights. This includes the right to adopt jointly, adopt a partner's biological child (stepparent adoption), and adopt through agencies.
The Washington Law Against Discrimination (WLAD) prohibits discrimination based on sexual orientation and gender identity in areas including employment, housing, and public accommodation. This extends to adoption services, meaning that agencies licensed in Washington can’t refuse service to LGBTQ individuals or couples.
Types of Adoption Available to LGBTQ Families
LGBTQ families in Washington can pursue several types of adoption:
Private domestic adoption: Involves adopting a child through a private agency or directly from birth parents. Washington has a number of LGBTQ-friendly agencies that facilitate these adoptions.
Foster-to-adopt: Adopting a child from the foster care system. The state encourages LGBTQ individuals and couples to become foster parents, and many children in the system are in need of permanent, loving homes.
International adoption: More intricate due to differing laws in other countries regarding LGBTQ adopters. It's critical to work with an agency that has experience with international LGBTQ adoptions.
Stepparent or second-parent adoption: Often used by same-sex couples where one partner is the biological parent. This process makes sure that both partners have legal parental rights.
Surrogacy-related adoption: For LGBTQ couples using surrogacy, a post-birth adoption or parentage order may be necessary to provide full parental rights.
Each of these paths has its own unique legal considerations, but with the help of an experienced adoption professional, LGBTQ+ families can successfully work through the process to build their families.
The Legal Process of Adoption for LGBTQ Families in Washington
While Washington is LGBTQ-friendly, the legal adoption process still involves several steps, all of which must be followed diligently:
Choosing the right type of adoption: Start by deciding what type of adoption suits your family best. Factors include your comfort level, timeline, financial situation, and openness to different parenting scenarios.
Selecting an adoption agency or attorney: Work with an adoption agency or attorney that’s experienced and affirming of LGBTQ families. Look for providers who display inclusivity in their language, policies, and past client stories.
Completing a home study: This is a required process where a social worker assesses your home environment, background, relationships, financial situation, and readiness to adopt. LGBTQ families are evaluated with the same criteria as any other prospective parents.
Matching and placement: Once approved, you'll be matched with a child. This can happen quickly or take time, depending on the type of adoption. In private and foster-to-adopt scenarios, you may meet with birth parents or case workers before placement.
Finalizing the adoption: This involves a court hearing where a judge reviews the case and legally finalizes the adoption. After this, you receive an amended birth certificate listing the adoptive parents.
The adoption process in Washington State offers various paths for LGBTQ families. While working through the legal requirements, it's crucial to find an experienced and supportive agency or attorney to provide a smooth and successful adoption experience.
Challenges Unique to LGBTQ Adopters
Despite inclusive laws, LGBTQ families may face subtle biases or logistical hurdles during the process:
Implicit biases: While explicit discrimination is illegal, implicit biases can surface in home studies, birth parent preferences, or agency practices.
Legal intricacies in international adoptions: Some countries prohibit LGBTQ adoption outright, while others may not recognize same-sex parentage.
Recognition of parental rights across state lines: Although Washington is inclusive, traveling or moving to states with different laws can affect parental rights. Consider obtaining a court order that secures parental status federally.
Surrogacy and legal parenthood: LGBTQ couples using surrogacy may need court recognition to confirm both parents' legal status, even if both are named on the birth certificate.
While Washington State provides a supportive environment for LGBTQ adoptions, it's crucial to be mindful of potential challenges like implicit biases and interstate legal variations. Thorough preparation, legal counsel, and community support are key to working through these intricacies and providing a successful adoption journey for LGBTQ families.
Resources and Support Networks
Washington is home to numerous organizations that support LGBTQ adoptive families:
Amara: A nonprofit offering adoption and foster care services that explicitly support LGBTQ parents.
Open Arms Perinatal Services: Provides culturally relevant support for birthing and adoptive families, including LGBTQ individuals.
PFLAG Washington Chapters: Offers peer support and advocacy for LGBTQ individuals and families.
Rainbow Families: A network for LGBTQ families that includes legal resources, parenting groups, and educational events.
If you’re an LGBTQ+ individual or couple considering adoption in Washington, know that there are many avenues of support available to help you manage the legal processes and find your forever family.
Financial Considerations
Adoption can be expensive, especially for private and international routes. Costs can range from $5,000 to $40,000 or more. However, options are available:
Adoption tax credit: A federal tax credit of up to several thousand dollars to offset adoption costs.
Employer assistance: Some employers offer financial help or leave policies for adoption.
Grants and loans: Several organizations provide financial support specifically for LGBTQ adoptive families.
While adoption can be costly, financial assistance is available through the Adoption Tax Credit, employer assistance programs, grants, and loans. These resources can help LGBTQ+ families manage the financial aspects of adoption and create a loving and permanent home for their child.
Emotional Readiness and Parenting as an LGBTQ Family
Adoption isn’t only a legal and logistical journey but an emotional one. LGBTQ families often bring resilience and deep intentionality to parenting, but support is still essential:
Therapy and counseling: Consider seeing a family therapist, especially during the waiting period or post-placement.
Parenting groups: Connect with other LGBTQ parents to share experiences and advice.
Books and resources: Read stories and research tailored to LGBTQ parenting and adoption.
The adoption process for LGBTQ+ families, while sometimes challenging, is filled with opportunities for joy and connection. By seeking support through therapy, parenting groups, and educational resources, LGBTQ+ parents can work through the emotional journey of adoption with confidence, creating a loving and supportive environment for their children.
Building Families and Creating Futures
For LGBTQ families in Washington, adoption isn’t only possible but fully supported by state laws and a growing network of affirming services. With proper planning, legal guidance, and emotional support, LGBTQ individuals and couples can build loving, permanent families through adoption.
While challenges may arise, so too will moments of deep joy and connection. Remember, every adoption story is unique, but the goal is always the same: to provide a child with a forever home filled with love, stability, and belonging. Washington's progressive stance, combined with your courage and commitment, makes that dream attainable and sustainable.
Contact Our Attorney Today
Growing your family is an exciting time, and you should be represented during the process. Our lawyer, Christina T. Sherman, is equipped with the knowledge of adoption law and is prepared to serve you. Serving clients in Pierce County, Washington, and beyond, we’re here to help you during the adoption process. Contact our lawyer today for a consultation.