Preparing for the Adoption Process as a Same-Sex Couple

 Posted on January 22, 2025 in Adoption

Parenthood is very much an option for same-sex couples and any other couples who cannot or do not want to have a biological child together. Options like surrogacy followed by legal adoption at birth, agency adoption, and even adoption through foster care are available. Legally, same-sex couples must be treated equally during the adoption process, but sadly, in practice, some will face discrimination. Same-sex couples who are planning to adopt a child together should be represented by an experienced Houston, TX LGBTQ+ family law attorney throughout the adoption process. Having an attorney on your side can help you be prepared to overcome some of the common barriers same-sex couples face when adopting, especially through agencies.

Do We Have to Get Married to Adopt a Child Together? 

Many very committed couples are choosing not to get legally married today. You do not need to be married to adopt, but you will likely be treated as two single adults rather than a set of parents during the application process. This is most likely to be an issue when one parent would not be qualified to adopt alone due to a disability or because he or she is dependent on the other’s income. Married couples tend to see an advantage when trying to adopt through an agency, regardless of whether they are same-sex or opposite-sex.

What Happens if One of Us Becomes a Parent Naturally? 

Normally, when a married person becomes a parent naturally, his or her spouse is presumed to be the child’s legal parent unless there is evidence to the contrary. In Texas, this presumption does not extend to same-sex couples. If one of you gives birth, the other spouse would likely need to legally adopt the child to be considered the child’s other legal parent. However, this does mean that the child’s other natural parent would need to relinquish his or her parental rights rather than pursue co-parenthood.

This is common when a couple chooses to conceive with the help of a sperm donor or a surrogate. The child born would only be the biological child of one spouse, meaning the other would need to formally adopt the child. Surrogacy law is still a very new and developing area, and it is important to have legal representation if you plan to become a parent this way. While surrogacy generally goes smoothly, there have been cases where the gestational parent wants to withdraw from the arrangement at the time of birth.

Contact a Houston, TX LGBTQ+ Adoption Lawyer 

The Cusic Law Firm, P.C. is committed to helping same-sex couples grow their families through adoption. Our experienced Harris County, TX same-sex adoption attorneys will do all we can to ensure that you are not faced with unlawful discrimination during the process. Contact us at 713-650-1866 for a complimentary consultation.