What are LGBTQ+ Fostering and adoption rights?

Across the United States, approximately 3 million LGBTQ (lesbian, gay, bisexual, transgender, or queer) have had a child. According to research by the William institute, 10% of LGBTQ members of 25+ are raising children. It is never a secret that LGBTQ community members have not enjoyed the same rights and equality as heterosexual couples. 

Fortunately, in recent years, the LGBTQ community has taken a giant leap and has received equal rights, such as the right to adopt and marry. Three years ago, in 2019, the government legalized same-sex couple adoption across all states in the US. If you are aware of someone close to you who is a member of the LGBTQ community and wants to adopt or foster a baby, then the following are a few pointers that you must know.

A single member can adopt

Any married or single adult member can adopt, regardless of sexual preference or gender. The judge cannot consider a person’s gender or sexual orientation while determining the eligibility to adopt a baby or child.

It is crucial to note that if a couple of lesbians get married and try to conceive a baby with the help of a sperm donor, the other woman or the non-carrying spouse does need to adopt the baby. Rather, the woman will be considered the same as a normal or heterosexual couple, and her name will also be on the baby’s birth certificate. The research found in 2019 that a homosexual couple is three times more likely than a heterosexual couple to adopt stepchildren or babies.

Is joint same-sex adoption allowed?

In the United States, there has not been a case brought to the court regarding joint same-sex adoption. However, no state in the country prohibits this. Therefore, if the court was to deny approval of the same-sex couple’s adoption based on their sexual orientation or gender, it should revoke and considered discriminatory and unconstitutional. Every individual has the right to be a parent irrespective of gender and sexual orientation; nobody can illegally cease your rights written in the constitution.

Adoption agencies are not necessary for LGBTQ adoption

It is against the moral or religious beliefs that a child-placing agency should be a part of LGBTQ adoption. Unfortunately, it means a child-placing agency cannot deny LGBTQ couples based on their sexual orientation or gender until this law or rule is opposed legally through the judiciary system.

However, this law only preserves private agencies. A public child-placing agency, such as Cass County social service, cannot discriminate against any person based on their sexual orientation and gender. According to a study done in 2007 by the William institute, if the state bans gays and lesbians from adopting a child and becoming a parent, they have to incur a cost between $250,000 to $425,000 every year to the state.


The law proceedings can get complex for you if you are from the LGBTQ community. So, LGBTQ members must have a professional and experienced family lawyer on their side to navigate them through these complex proceedings and ensure the best result possible. An experienced lawyer will surely do the best he can to get justice for you.