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Center for Advanced Studies in Child Welfare

Center for Advanced Studies in Child Welfare

Couples sue state for right to adopt partner's children

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FOX Carolina 21

The ACLU is assisting six families in North Carolina in filing a federal lawsuit against the state for discrimination. North Carolina currently prohibits a partner from adopting his or her partner's biological or adopted child. This law affects both same-sex and unmarried heterosexual couples.

Until 2010, North Carolina recognized second parent adoptions. In 2010 the North Carolina Supreme Court ruled that the state could prohibit second parent adoptions for both heterosexual and LGBT families. Some states prohibit adoption only by same-sex couples while other states ban a partner in an unmarried, or cohabiting, relationship.

The ban against allowing second parent adoptions puts familes at risk, according to the Center for American Progress. For example, if a child is hospitalized, a parent that is not the biological or adoptive parent cannot visit his or her child or make decisions about his or her care.

The harm to children, according to the Center for American Progress report, All Children Matter: How Legal and Social Inequities Hurt LGBT Families, also includes:

  • Risk to children's health and well-being, by restricting access to health insurance and the abovementioned inability for parents to make full medical decisions and visit their children in the hospital;
  • Risk of not being able to have joint custody with both parents should the parents' relationship dissolve;
  • Risk of child welfare involvement if the legal parent dies or becomes disabled;
  • Possible denial of disability and survivor benefits if the non-legal parent dies; and
  • Possible denial of inheritance from the non-legal parent.

See our blog post in Child Welfare Policy for more details related to policy on this topic.

For a copy of the full report, click here.

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