Same-sex adoption refers to the adoption of children by couples of the same legal sex or gender, which may take the form of a joint adoption by a same-sex couple or adoption by one partner of the other's biological child. Joint adoption by same-sex couples is legal in twenty-seven countries as well as several subnational jurisdictions and dependent territories. Furthermore, some form of step-child adoption is legal for same-sex couples in five additional countries.
Attitudes in Ireland towards lesbian, gay, bisexual, and transgender (LGBT) people are among the most liberal in the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues, in part due to the opposition of the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female same-sex sexual activity have been legal in the state since 1993. Government recognition of LGBT rights in Ireland has expanded greatly over the past two decades. Homosexuality was decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation.
Beulah George Tann, known as Georgia Tann, was an American child trafficker who operated the Tennessee Children's Home Society, an adoption agency in Memphis, Tennessee. Tann used the unlicensed home as a front for her black market baby adoption scheme from the 1920s where young children were essentially kidnapped and sold to wealthy families. This occurred until a state investigation into numerous instances of adoption fraud being perpetrated by her closed the institution in 1950. Tann died of cancer before the investigation made its findings public. Tann's custom of placing children with influential members of society normalized adoption in America, and many of her adoption practices became standard practice.
Lesbian, gay, bisexual, transgender (LGBT) rights in Italy significantly advanced in the 21st century, although LGBT people still face some legal challenges not experienced by non-LGBT residents. According to ILGA-Europe's 2021 report, the status of LGBT rights in Italy is the worst among Western European countries - such as still legally banning same-sex marriage, no discrimination protections for goods and services and also lacking any parental rights for same-sex couples within adoption and IVF.
LGBT parenting refers to lesbian, gay, bisexual, and transgender (LGBT) people raising one or more children as parents or foster care parents. This includes: children raised by same-sex couples, children raised by single LGBT parents, and children raised by an opposite-sex couple where at least one partner is LGBT.
Gregory Ralph Kingsley is the first American child, who, at the age of 12 years, legally severed ties with his mother. He changed his name to Shawn Russ after the juvenile court judge Thomas S. Kirk "ended the parental rights of his natural mother and allowed [his] foster parents to adopt him".
Anna Mae He, was the subject of a custody battle between her Chinese biological parents, Shaoqiang (Jack) He and Qin Luo "Casey" He, and her foster parents, Jerry and Louise Baker. The case received United States national media attention for years and revolved around the claim of Jerry and Louise Baker that Jack and Casey He abandoned their rights to the child when they signed a temporary custody order.
In re: Gill is a landmark Florida court case that in 2010 ended Florida's 33-year ban on adoptions by homosexuals. In 2007, Frank Martin Gill, an openly gay man, had petitioned the circuit court to adopt two boys that he and his partner had been raising as foster children since 2004. Gill was prohibited from adopting by a 1977 Florida law prohibiting adoption by gay men and lesbians in that state. After a four-day trial challenging the law, on November 25, 2008, Judge Cindy S. Lederman declared the ban violated the equal protection rights of the children and their prospective parents under the Florida Constitution, and granted Gill's adoption request.
Bottoms v. Bottoms, 457 S.E.2d 102, was a landmark child custody case in Virginia that awarded custody of the child to the grandmother instead of the mother, primarily because the mother was a lesbian. In April 1993, Kay Bottoms sued her daughter, Sharon Bottoms, for custody of Sharon Bottoms' son, Tyler Doustou. On April 5, 1993 judge Buford Parsons ruled that Sharon Bottoms was an unfit parent and Kay Bottoms was awarded custody of her grandson. Sharon Bottoms was allowed visitation rights two days a week, but Tyler was not allowed in his mother's home or to have any contact with his mother's partner."
Same-sex adoption in Brazil is legal according to the Superior Court of Justice of Brazil, as stated in a court decision on April 27, 2010. The change was a milestone in the country's LGBT history.
LGBT residents in the U.S. state of Georgia enjoy most of the same rights and liberties as non-LGBT Georgians. LGBT rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, and same-sex marriage has been legal since 2015. In addition, the state's largest city Atlanta, has a vibrant LGBT community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.
Homosexual relations were legalised in the state of Israel in 1988, and during the 1990s various forms of discrimination were prohibited. Debate has since centred on recognition of same-sex partnerships and the rights they confer, including inheritance, residency, and the adoption of children. The staging of LGBT pride parades has been controversial in some cases.
Law in Australia with regard to children is often based on what is considered to be in the best interest of the child. The traditional and often used assumption is that children need both a mother and a father, which plays an important role in divorce and custodial proceedings, and has carried over into adoption and fertility procedures. As of April 2018 all Australian states and territories allow adoption by same-sex couples.
Until 2017, laws related to LGBT+ couples adopting children varied by state. Some states granted full adoption rights to same-sex couples, while others banned same-sex adoption or only allowed one partner in a same-sex relationship to adopt the biological child of the other. Despite these rulings, LGBT+ people and same-sex couples still face discrimination when attempting to foster children.
Lesbian, gay, bisexual, and transgender (LGBT) people in Rio Grande do Sul, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.
Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), was a decision of the Supreme Court of the United States that held that several sections of the Indian Child Welfare Act (ICWA) do not apply to Native American biological fathers who are not custodians of a Native American child. The court held that the procedures required by the ICWA to end parental rights do not apply when the child has never lived with the father. Additionally, the requirement to make extra efforts to preserve the Native American family also does not apply, nor is the preferred placement of the child in another Native American family required when no other party has formally sought to adopt the child.
X and Others v. Austria 53 ILM 64 was a human rights case that was decided in 2013 by the European Court of Human Rights (ECtHR). The case concerned whether the Government of Austria had discriminated against Austrian citizens who were in same-sex relationships because the wording of the Austrian Civil Code did not permit unmarried same-sex couples access to legally granted second-parent adoptions, whereas it was available to unmarried heterosexual couples.
Adoption in the Philippines is a process of granting social, emotional and legal family and kinship membership to an individual from the Philippines, usually a child. It involves a transfer of parental rights and obligations and provides family membership. The Department of Social Welfare and Development (DSWD) defines adoption as a "socio-legal process of giving a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights."
The second-parent adoption or co-parent adoption is a process by which a partner, who is not biologically related to the child, can adopt their partner's biological or adoptive child without terminating the first legal parent's rights. This process is of interest to many couples, as legal parenthood allows the parent's partner to do things such as: make medical decisions, claim dependency, or gain custody in the event of the death of the biological parent.
Roe v. Roe was a landmark child custody case in Virginia that denied the father custody due to his sexual orientation. The 1985 case was brought to the Virginia Supreme Court and the father's custody was removed due to “continuous exposure of his nine-year-old daughter to his immoral and illicit homosexual relationship rendered him an unfit and improper custodian.” Because homosexuality violated the Virginia sodomy laws, and was considered a class 6 felony, custody was granted to the mother.
