Can Same-Sex Couples Adopt in Texas?
As I discussed recently, same-sex marriage is not presently legal in Texas. While this poses challenges to couples who seek to solemnize their relationship, and to same-sex couples married in other states who seek divorce, it creates a unique path for same-sex couples who seek adoption.
Adoption is a lifelong commitment to a child that transfers parental rights from birth parents to an adoptive parent or parents. Many couples, same-sex and otherwise, expand their families through adoption — either by adopting a child into their family or through adoption by the second partner of the natural child or children of their partner.
Avenues toward adoption include:
- Gestational adoption: The use of a surrogate mother, or carrier, is a road to adoption for same-sex couples. In a surrogacy arrangement, well-drafted legal agreements define and establish rights and responsibilities of all parties. Because of complicated surrogacy laws, understanding your legal rights at the outset is important.
- Agency adoption: Many couples work through local, state or international agencies to explore and pursue their dream of adopting a child. Adoption is also possible through processes defined by The Texas Department of Family and Protective Services.
- Natural birth: One partner in a female same-sex couple may become a birth-mother, with adoptive rights granted to the non-birth partner.
By any means, adoption is a detailed and complex legal procedure. In Houston or elsewhere, seek experienced legal advice to help bring your child home.