What is second-parent adoption?
• Second-parent adoption is a legal process that allows a same-sex partner to legally adopt his or her partner’s biological child without terminating the biological parent’s parental status.
• Second-parent adoption in Oregon is a streamlined, less-expensive proc
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What is second-parent adoption?
• Second-parent adoption is a legal process that allows a same-sex partner to legally adopt his or her partner’s biological child without terminating the biological parent’s parental status.
• Second-parent adoption in Oregon is a streamlined, less-expensive process.
o No home study is required.
o No notice is required.
o Second-parent adoption in Washington requires a home study and is treated in all respects the same as a standard adoption.
Who cannot use it?
• Lesbian couples who use a known donor in which there is no
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Who can use second-parent adoption?
• Lesbian couples in which one partner is the biological mother of the child.
• Gay men who use a surrogate to carry the child created using the sperm of one of the partners.
• Lesbian or gay male couples in which one partner adopted the child while single.
• Lesbian or gay male couples in which one partner’s former spouse/parent of the child has given up his or her parental rights.
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Who cannot use it?
• Lesbian couples who use a known donor in which there is no agreement terminating the donor’s parental rights. It’s always best to get such an agreement in writing that covers all the legal aspects of terminating the donor’s rights.
• Where the child already has two legal parents (i.e., ex-husband, ex-partner who is an adoptive parent).
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Who needs it?
• Non-biological mom or dad
o Without legal adoption, the non-biological parent has no legal rights to the child at birth.
o A non-biological parent can gain visitation rights with time and involvement in the upbringing of the child, but there is no guarantee she or he will be given parental rights.
o Without an adoption, a non-biological mom may not be permitted to make important decisions about the child.
• Biological mom
o If something happens to the biological parent (e.g., death or disability), his or her partner may not be permitted to raise the child.
o If the biological parent is unavailable to make a decision, the non-biological parent may be prevented from making even the most ordinary decisions about the child.
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Other considerations.
• Guardianship is no guarantee.
• Many benefits are dependant on having a legal parent-child relationship
o Inheritance
o Worker’s compensation benefits
o Social security benefits
o Employer-provided health insurance
o Parental leave
o Hospital visitation
o Child support
• Decide where to give birth.
o Some counties are more gay-friendly, and cause less hassle.
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