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Adoption by lesbian or gay couples

Most states allow gay and lesbian couples to adopt a child, although in some states the law is unclear regarding whether it is permissible for two persons of the same sex to adopt a child. If both members of the couple are adopting a child at the same time, that often is referred to as a joint adoption.

If one member of the couple is adopting a child who is already the biological or adoptive child of the other member of the couple, and both members will be acting as parents, that often is referred to as a second parent adoption. States which allow second parent adoptions by statute or by appellate court decision as of 2005 include: California, Connecticut, Illinois, Indiana, Massachusetts, New York, New Jersey, Pennsylvania, and Vermont, as well as the District of Columbia.   



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The American Bar Association Guide to Marriage, Divorce & Families
Copyright © 2006 American Bar Association