Same-sex adoption


Same-sex adoption is the adoption of children or adults by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child or adult.
Joint adoption by same-sex couples is permitted in 39 countries. Most countries and territories that allow same-sex marriage, as well as several countries and dependent territories that do not allow for same-sex joint adoption. In some of the countries with marriage, legislation for adoption preceded that for marriage.
Adoption is only permitted for same sex married couples in 21 of the 31 Mexican states and Mexico City, despite a Supreme Court ruling that requires states to allow it. Stepchild adoption is permitted for same-sex couples in two countries without same-sex marriage - San Marino and Czechia permits step-child adoption in which the registered partner can adopt the biological and, in some cases, the adopted child of their partner.
Given that constitutions and statutes usually do not address the adoption rights of same-sex couples, judicial decisions often determine whether they can serve as parents either individually or as couples. Opponents of adoption by same-sex couples have argued that same-sex parenting adversely affects children. However, research consistently shows that gay and lesbian parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as those reared by heterosexual parents.
Same-sex parents pursuing adoption must also contend with social pressures to conform to heteronormative gender roles. The concept of gender role models is necessitated by the bureaucratic organization of foster care and adoption agencies, particularly in the United States.

LGBT parenting

Prevalence of adoption

Statistics on the prevalence of adoption by same-sex couples across countries where it is legal are not consistently available.
In 2022, 1 in 6 adoptions in England were by same-sex couples. This number was a 17.4% rise from the previous year.
In the United States, as of 2024, 18% of all LGBTQ people parent children in their homes, with 14% of same-sex couples parenting a minor in their homes. 21% of same-sex couples adopt which is a much higher rate than in different-sex couples.

Quality of life outcomes

A common argument against the legalization of same-sex adoption is that children adopted by same-sex couples would have poorer quality of life outcomes. Overall, scientific research indicates that the children of same-sex couples fare just as well as the children of different-sex couples.
A 2004 study concluded that the sexual orientation of parents did not predict better or poorer "adoptive family functioning, adopted child's behavior, and parent's perceptions of helpfulness from family support networks".
A 2010 study evaluated the outcomes of young adopted children who had been placed in one of 56 lesbian and gay households since infancy. The study found no significant associations between parental sexual orientation and child adjustment.
Research published in 2009 studied 1,384 children with either heterosexual or same-sex adoptive parents and concluded that problematic behavior in children was not dependent on whether they had same-sex or opposite sex parents. The study also found that "adoptive parents are likely to encounter similar challenges in terms of risk factors for child behavioral problems and mitigating factors of such behavior."
A 2016 study of adopted children of same-sex parents showed that they perceive themselves to be more accepting, understanding and compassionate than children of different-sex parents. The children in the study also indicated that they often avoid sharing that their parents are lesbian or gay, and that many experience bullying or teasing.

Debate

Arguments

The adoption of children by LGBT people is an issue of active debate. In the United States, for example, legislation to prevent adoption by LGBT people has been introduced in many jurisdictions; such efforts have largely been defeated. Prior to 1973, state courts commonly barred gay and lesbian individuals from holding a parenting role, especially through adoption.
Major professional organizations have made statements in defense of adoption by same-sex couples. The American Psychological Association has supported adoption by same-sex couples, citing social prejudice as harming the psychological health of lesbians and gays while noting there is no evidence that their parenting causes harm. The American Medical Association has issued a similar position supporting second parent adoption by same-sex partner, stating that lack of formal recognition can cause health-care disparities for children of same-sex parents.
The following arguments are made in support of adoption by LGBT parents:
  • The right of a child to have a family, guardians or people who can take care of their wellbeing.
  • Human rights – child's and parent's right to have a family life.
  • There are almost no differences between children raised by same-sex or straight couples. For that reason, sexual orientation of the parents has almost no relevance when it comes to raising a child.
  • Evidence confirming that, despite the claims of those opposed to LGBT+ parenting, same-sex couples can provide good conditions to raise a child.
  • For children, adoption is a better alternative to orphanage.
  • Fewer formalities for step-parents in everyday life, as well as the situation of a death of a biological parent of a child.

    Public opinion

Legal status

Joint adoption by same-sex couples is legal in the following 39 countries, Mexico in some states:
Joint adoption by same-sex couples is legal in the following subnational jurisdictions or dependent territories:
The following countries permit step-child adoption in which the partner in a relationship can adopt the natural and/or the adopted child of his or her partner:
  • San Marino
  • Czechia
Step-child adoption is legal in the following subnational jurisdictions or dependent territories:
In Italy step-child adoption can only be recognized by court order since 2016.

Africa

South Africa

is the only African country to allow joint adoption by same-sex couples. The 2002 decision of the Constitutional Court in the case of Du Toit v Minister of Welfare and Population Development amended the Child Care Act, 1983 to allow both joint adoption and step-parent adoption by "permanent same-sex life partners". The Child Care Act has since been replaced by the Children's Act, 2005, which allows joint adoption by "partners in a permanent domestic life-partnership", whether same- or opposite-sex, and step-parent adoption by a person who is the "permanent domestic life-partner" of the child's current parent. Same-sex marriage has been legal since 2006, and is equivalent to opposite-sex marriage for all purposes, including adoption.

Americas

Argentina

allows adoption by same and different-sex marriages, and even by single people, since 2010. The law makes no difference in the requirements for adoption for any of these.

Canada

has no nation-wide law legalizing same-sex adoption, but rather has smaller provincial laws that cover the entire nation. Same-sex adoption legalization in Canada began with British Columbia in 1996 and was finalized with Nunavut in 2011. By 2013, an Ipsos Global poll showed 70% of Canadians approved of same-sex adoption to some degree with 45% strongly approving.

Chile

Since March 10, 2022 joint parenthood of same-sex couples is legal in Chile after the entry into force of Law 21,400 on Equal Marriage, which explicitly guarantees non-discrimination based on sexual orientation and gender identity for custody purposes, filiation and adoption whether or not the couples are married or whether or not they had their children through assisted human fertilization. The law amends the Civil Code to recognize the parents of children as their mother and/or father, their two mothers, or their two fathers.
A 2021 survey, shows that 65% of Chileans support same-sex adoption.

Colombia

On 4 November 2015, in a 6-2 Constitutional Court ruling, Colombia decided to allow adoption by LGBT peoples. The ruling came before same-sex marriage became legal in the country on 28 April 2016.

Cuba

allows adoption by same-sex marriages and different-sex marriages, and even by single people.