(Updated June 13, 2013)
• Federal: No statutes.
• States: The rights of lesbian, gay, bisexual, and transgender (LGBT) parents vary widely among states, and laws regarding adoption are often unclear. All states allow a single individual – regardless of sexual orientation – the right to petition to adopt a child, but fewer than half allow a same-sex couple to petition for joint adoption, and some have banned adoption by same-sex parents. Many states restrict adoption by sexual orientation or marital status, and because mostly local courts handle adoptions, some judges may accept or deny petitions from other judges in the same state, causing ambiguous rights for same-sex parents.
Full joint adoption rights (22 states and D.C.)
Same-sex couples are allowed to petition for joint adoption:
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Hawaii
- Illinois
- Indiana
- Iowa
- Maine
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Hampshire
- New Jersey
- New York
- Oregon
- Rhode Island
- Vermont
- Washington
Full second-parent adoption rights (18 states and D.C.)
In these states, a person can adopt the biological or adopted child of his or her partner:
- Arkansas
- California
- Connecticut
- Delaware
- District of Columbia
- Hawaii
- Illinois
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Hampshire
- New Jersey
- New York
- Oregon
- Pennsylvania
- Rhode Island
- Vermont
- Washington
Some rights (51)
All US states and the District of Columbia allow a single individual, gay or not, the right to petition to adopt a child.
No rights (3)
Ban same-sex couples from petitioning for a joint adoption:
- Michigan
- Mississippi
- Utah
Bans second-parent adoption:
- Kentucky
- Nebraska
- North Carolina
- Ohio
