Second-parent adoption is the adoption of a child by a second parent in the home who is not married to the legal parent of the child. A second-parent adoption allows a second parent to adopt their partner’s child without the “first parent” losing any parental rights. Adoptive parents usually have the same rights as biological parents in custody and visitation matters in States that allow second-parent adoption.
Stepparent adoption is the legal adoption of a child by the spouse of the child's birth parent. Please check with your local family court system to obtain the proper documents required to adopt as well as the most up-to-date information on stepparent adoption in your jurisdiction.
In this section, you will find information about second-parent adoptions and resources regarding stepparent adoption.
Foster and Adoption Laws: Second/Stepparent
Movement Advancement Project (2021)
Provides a map indicating which States authorize second-parent adoption.
Who May Adopt, Be Adopted, or Place a Child for Adoption?
“Confirmatory” or Second-Parent Adoption: What You Need to Know
Describes the confirmatory adoption process and guidance for lesbian, gay, bisexual, transgender, questioning, or other diverse identity (LGBTQ+) parents who have used assisted reproductive technology to expand their family.
Legal Recognition of LGBT Families (PDF - 743 KB)
National Center for Lesbian Rights (2019)
Defines a legal parent, second-parent adoption, and its availability in various States. The factsheet also provides information about parenting agreements and voluntary acknowledgements of parenting.
What is Second Parent Adoption, and Why Do I Need It?
Describes second parent adoption as a consideration for unmarried same-sex couples who want to adopt. The website reviews States that allow second parent adoption and things to consider before adopting.
What’s a Second Parent Adoption?
Lists the reasons to pursue a second-parent adoption, describes the court process, defines an adoption home study, and explains what to do if a second-parent adoption is not available in your State.
Discusses the unique process of adopting stepchildren, including gaining consent from a birth parent, instances where adoptions can proceed without consent, and stepparent adoption for same-sex couples.
Stepparent Adoption FAQ's
Answers frequently asked questions surrounding stepparent adoption, including questions on the legal requirements, rights of the birth parents, and eligibility of same-sex-couple stepparents.
Why Adopt a Stepchild?
Details the stepparent adoption process including ways that it is different than a traditional adoption process and why it is important to have legal custody of a spouse's child.