Historically, people that have been able to adopt are married couples, single persons, a family member, a stepparent, and co-parent. Describe specifically the differences between stepparent adoptions and co-parent adoptions with particular emphasis on the trend of same sex couples opting for co-parenting or second-parenting adoptions. How will marriage equality affect this form of adoption, if

any? Please feel free to cite case law to support your answer.

What will be an ideal response?


Students will mention in preference to the main portion of their answer, a brief description of the several forms of parties capable of adopting before getting to the historical growth of the hybrid co-parent adoption which combines aspects of direct placement adoptions and stepparent adoptions. In the usual co-parent adoption, one partner in an unmarried couple has or adopts a child and the other partner who is co-parenting the child seeks full parental status through adoption. This status affords the second partner legal protected parental rights, such as decision-making regarding child's health care, education, and welfare, along with the responsibility of financial support.

Now since marriage equality is the law of the land, it is probable that the number of same-sex couples raising children together who could not previously marry will do so now resulting in a decrease in co-parent adoptions and an increase in stepparent adoptions to secure parental rights.

Legal Studies & Paralegal

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