West Chester, PA 19380
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Lee Ciccarelli is the founder and managing partner of Ciccarelli Law Offices with over two decades experience as a practicing attorney.
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For many, bringing a child into their lives completes the family. Although LGBT or same-sex couples also long for a child to complete their family, their adoption journey can be more complicated. By virtue of the relationship or commitment, both partners in an LGBT couple are not granted the same rights and responsibilities to the child.
Generally, one or both partners in a same-sex couple may petition to adopt a child to make their family complete. The adoption process for LGBT couples can be particularly complex because there are many issues which must be addressed, including which parent must petition to obtain the legal right to the child and relinquishment of the other biological parent’s parental rights.
While many couples expect a positive or joyous result, there are many obstacles a same-sex couple may face during the adoption process. It is important to consult an experienced family law attorney to navigate this process.
At Ciccarelli Law Offices, we can help you maneuver this complex area of law. We have the training and experience necessarily to help our clients navigate the system. We put a high priority on client communication at every stage of the process.
Call us today at (877) 529-2422, or send us an online message, and we can schedule a free online consultation to talk about your adoption at one of our many meeting locations. You can speak one on one with a dedicated Pennsylvania family law attorney from our firm at a location in West Chester, Philadelphia, Lancaster, Plymouth Meeting, Kennett Square, Malvern, Springfield, King of Prussia, or Radnor.
We are proud to serve those seeking to become parents throughout the Philadelphia area and Southeastern Pennsylvania area, including Chester County, Montgomery County, Delaware County and Lancaster County.
In the State of Pennsylvania, both single individuals, who identify as LGBT, and same-sex couples may petition to adopt a child. One partner of the same-sex couple may choose to petition alone or the couple may jointly petition to adopt a child.
The way that people adopt often depends on their specific circumstances. Commonly, the following circumstances cause a same-sex couple to petition to adopt a child:
In the aforementioned scenarios, both partners may obtain legal rights to the child; however, the method of the adoption, timing, and complexity may differ. It is best to consult an experienced family law attorney in Pennsylvania when contemplating bringing a child into the family.
Couples seeking to adopt a child in Pennsylvania have two options. The couple may choose to joint petition for adoption or go through the process of a second parent adoption (commonly referred to as a step-parent adoption). Most same-sex couples utilize the second parent adoption process.
Customarily, in second parent adoptions, one partner is the biological parent of the child and the other partner wants to secure legal right to the child. A second parent adoption requires the other biological parent voluntarily relinquish parental rights before the adoption can occur.
A second parent or stepparent adoption may be a viable option in many circumstances, including:
In the aforementioned scenarios, the non-biological parent must go through the second parent adoption process.
Another option for same-sex couples is the joint petition adoption. With a joint petition adoption, neither partner has legal right to the child. The partners petition for these rights and responsibilities together. Second parent and joint petition adoptions confer the same rights and responsibilities to the child.
For a couple to adopt a child, the biological parent must relinquish his or her rights to the child. The method or complexity of this issue depends on the circumstances. In the case of same-sex couples, who use a sperm donor or surrogate, it is a realistic concern that the surrogate or donor will not relinquish rights to the child after birth.
It is advised that couples enter into a preconception agreement with a surrogate or donor before conception of the child. This written and signed agreement should state in clear language that the surrogate or donor intends to voluntarily relinquish parental rights after the birth of the child.
While a preconception agreement may not force a surrogate or donor to relinquish parental rights, the agreement can be admitted in legal proceedings. If properly drafted and executed, the document will show the intent of the surrogate or donor to relinquish parental rights.
Adoption, particular the second parent adoption, grants significant benefits to both the child and non-biological parent, which would not otherwise legally exist.
Once the adoption is complete and finalized, the child receives the same benefits he or she would receive from a biological parent, including:
The non-biological parent also receives several rights and benefits, including:
Chester County Lawyer for Same-Sex Couples Seeking to Adopt
Adoption is a serious and complex matter. It is imperative to contact an experienced family lawyer to discuss the overall adoption process, including the obligations and benefits in legal parenthood.
Let our team of experienced family law attorneys at Ciccarelli Law Offices helps you become a legally recognized parent. We represent parents and parents-to-be throughout Coatesville, West Chester, Phoenixville, Downingtown, Berwyn, Willow Street, Lancaster, Ephrata, Newtown Square, Glen Mills, Media, Swarthmore, Radnor, Greater Philadelphia, and surrounding areas. Call us today at (877) 529-2422 or send an online message to set up a free consultation.