View Full Version : I am a lesbian but can I still adopt my girlfriends child?
soocer2423
Sep 4, 2010, 08:16 PM
I went through the whole pregnancy with my girlfriend and he has been a huge part of my life. I want to adopt him but I am not sure if they will allow me to in Ohio!
Jake2008
Sep 4, 2010, 09:10 PM
This is the current law in Ohio:
It has been two years since the Ohio legislature took up the gay adoption issue. A bill introduced then would have fallen in line with the measures Florida recently overturned. Its intent was to bar all adoptions and foster care by gays and lesbians. The bill didn’t go far though, never even making it to the hearing stage. Presently Ohio permits single adoptions by gay, lesbian, bisexual or transgender individuals. Ohio law does not clearly prohibit joint gay adoption either. However, second-parent adoption, where one parent already has legal rights of the child and a second parent is petitioning for joint rights, is not allowed.
Gay Adoption: The Latest Across the Country and In Ohio | Taneff Law (http://www.tanefflaw.com/resources/adoption/gay-adoption-the-latest-across-the-country-and-in-ohio/)
I find this confusing. It seems that you and your partner can legally adopt a child, but, if your partner has legal rights to the child, a second parent wanting joint rights, is not okay.
This is only one article, but from what I searched for, it was the easiest to understand. Maybe there are exceptions, or newer information available.
Why not visit a lawyer who specializes in adoption, and see what can be done.
All the best of luck to you.
Synnen
Sep 5, 2010, 10:38 AM
Part of the reason that the gay marriage issue is so huge is because of the second-parent adoption issue.
Seeing a lawyer will probably not help you in OH unless you are willing to join with others trying to change the laws.
I'm sorry, but at this time in OH, you cannot adopt your partner's child in a homosexual relationship.
Fr_Chuck
Sep 5, 2010, 01:30 PM
I strongly support your rights to adopt, since after helping to raise the child, you deserve all legal rights to visit and custody arrangements. And child support latter is so ordered.
* with good comes the bad**
States have been slow to keep up with society changes, but all you and your friend can do is to go to a good family attorney and try.
stevetcg
Sep 8, 2010, 12:40 PM
Just a thought here. Since states are constitutionally permitted to determine what constitutes marriage, if you were to get married in a different state OH is not obligated to recognize it. HOWEVER, if your adoption were in a different state, I do not *think* that OH would be able to challenge that.
Yes, that is a huge issue, particularly since you would have to move to another state, legally marry, wait for the new state to have jurisdiction (6 months usually) and then adopt. If you were then to return to OH, they would not (presumably) recognize you as married, but they would require a court order to remove your parental rights.