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Our San Diego, California Divorce & Family Law Attorneys assist individuals and families throughout San Diego County, CA and the following cities:
Carlsbad
Chula Vista
Coronado
Del Mar
El Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Poway
Oceanside
San Diego
San Marcos
Santee
Solana Beach
Vista
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The California adoption system has adapted over the last forty years to allow and even encourage stable gay and lesbian families to adopt children that are currently in the care of
San Diego County, the state and its adoptive agencies. Sexual orientation has become a minor consideration in the placement of children and more focus has been placed on finding a safe, healthy and productive family unit to support these children.
California has been a leader in adoption rights for same-sex couples and as of January 1, 2005, registered
domestic partners in California have many of the same rights and obligations as legally married spouses under state law, including
community property rights and the right to receive support from one's partner after a separation.
Domestic partners should both be considered legal parents of a child born into the partnership but many legal experts still advise same sex parents to proceed with an adoption anyway, to ensure parental rights are effective in other states. If you are unsure about your status or if you are planning to move to another state you should consult your attorney for legal advice and guidance.
The move by California, and other states, to formally recognize gay and lesbian adoption is not only based on a civil rights arguments, but most importantly on the need to find good homes for children. It is estimated that there are half a million kids in foster care across the United States and 100,000 of these need to be adopted. But last year there were only qualified adoptive parents for 20,000 of them. Many of the “unwanted” children are minority children or have significant health problems.
Experts have documented the damage faced by children who don’t have permanent homes or who are placed in substandard foster care. This damage often shows up later as increased emotional problems, delinquency, substance abuse and academic problems. So the adoption agencies and the states which govern them have cast their net wider to attract stable homes for these children starting with older individuals, families who already have children and families across a broader economic range. This has included special outreach to minority families, single parents (male and female), individuals with physical disabilities, and logically to gay and lesbian couples and family units.
Today the Child Welfare League of America’s Standard of Excellence for Adoption services reflects that expanded horizon in the search for adoptive families. It states:
"Applicants should be assessed on the basis of their abilities to successfully parent a child needing family membership and not on their race, ethnicity or culture, income, age, marital status, religion, appearance, differing lifestyles, or sexual orientation."
If you are in a gay/lesbian domestic partnership you have the full right to apply to a local adoption agency for the placement of a child into your care. You simply have to prove that you can provide a happy and safe environment to support and raise a child. If you have any difficulties in this regard or have further questions about adoption you can contact your nearest public adoption agency or an attorney.
It is strongly suggested that you consult an attorney with questions about your adoption rights. An experienced
San Diego, California lawyer can help guide you and your partner through the legal process and ensure the legality of the adoption. You may
contact our attorneys online or call
us at
1-800-221-0469.
Related Information
Domestic Partnerships
Same-Sex Marriage
Visitation Rights
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