State-by-State Overview: Stepparent, Second Parent/Co-Parent, and Confirmatory Adoption

Jump back to Securing LGBTQ+ Parenthood By State: Stepparent, Second Parent, and Confirmatory Adoption.

Adoption is a valuable resource for LGBTQ+ parents for a variety of different reasons. LGBTQ+ parents might use adoption to bring a child into their family through the child welfare system or private adoption agencies. For blended LGBTQ+ families, adoption is a way to create legal ties between the stepparent and the child(ren). And, for LGBTQ+ couples who use assisted reproduction to expand their families, adoption is a way for parents to ensure that their legal relationships with their child(ren) are fully protected.

Click on your state below to learn about the laws and procedures for stepparent, second parent/co-parent, and confirmatory adoptions in your state.

Remember: This information is an educational overview and is not intended to be legal advice. For specific advice on the best path forward for your family, as well as up-to-date information about the laws, practices, and policies in your state, consult an attorney.

Alabama

Who may adopt?

Alabama allows:

Any adult individually to petition to adopt.
A married couple jointly to petition to adopt.
A married person to adopt the child of their spouse via stepparent adoption as long as the parent seeking to adopt the child has resided with the child for one year prior to filing a petition to adopt.
Note: It’s unclear whether this provision is required even if a couple conceived together using assisted reproduction.

Alabama does not allow:

Second-parent adoption for unmarried couples.

Ala. Code § 26-10A-5; Ala. Code § 26-10A-27.

What does adoption entail?

Married couples can use the stepparent adoption process in Alabama to secure legal parentage. Generally, this process requires:

Filing a petition in probate court,
Affidavits,
Consents,
Background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing (the date of which should be set by the judge within 90 days of filing the petition)

In stepparent adoptions, the traditionally required accounting of expenses and home study are waived unless the court determines it’s necessary.

More information about the adoption process in Alabama can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Ala. Code § 26-10A-1 to -35

Alaska

Who may adopt?

Alaska allows:

Any adult individually to petition to adopt.
A married couple jointly to petition to adopt.
A married person to adopt the child of their spouse.

Alaska does not allow:

Second parent adoption for unmarried couples.

Alaska Stat. § 25.23.020

What does adoption entail?

Married couples can use the stepparent adoption process in Alaska to secure legal parentage. Generally, this process requires:

A petition in probate court,
Affidavits,
A home study,
Consents,
Background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

In a stepparent adoption, the traditionally required report of expenditures is waived.⁸

More information about adoption in Alaska can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Alaska Stat. § 25.23.005 to -230; Alaska Stat. § 25.23.090

Arizona

Who may adopt?

Arizona allows:

Any adult resident of the state, whether married, unmarried, or legally separated, to petition to adopt.
A married person to adopt the child of their spouse via stepparent adoption if they have been married for at least one year, and the child has resided with the stepparent for at least six months.

Arizona statutes do not address second-parent adoption by unmarried couples.

Ariz. Rev. Stat. § 8-103(A); Ariz. Rev. Stat. § 8-112(D)

What does adoption entail?

Married couples can use the stepparent adoption process in Arizona to secure legal parentage. Generally, this process includes:

A petition to adopt,
Consents, birth and marriage certificates, and background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

In the stepparent adoption process, the traditionally required report on the prospective parent’s suitability and financial accounting are waived.

More information about the stepparent adoption process in Arizona may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Arkansas

Who may adopt?

Arkansas allows:

Any married or unmarried adult to petition to adopt.
Married couples to adopt jointly.
A married person to adopt the child of their spouse.

Arkansas statutes do not address second-parent adoption by unmarried couples.

Ark. Code. Ann. § 9-9-204

What does adoption entail?

Married couples can use the stepparent adoption process in Arkansas to secure legal parentage. Generally, this process includes:

A petition to adopt,
The child’s birth certificate and consents*,
The Adoption Information Form (sent to DHS),
Possible background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing wherein the court issues its decree

In the stepparent adoption process, the typical required minimum residential time, home study, and child study are waived.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

*There is a 10-day waiting period after filing the consent.

California

Who may adopt?

California allows:

A stepparent or domestic partner of one of the birth parents to petition to adopt.
A relative of the child who has been caring for the child to petition to adopt.
Someone not related by blood to petition to adopt.
Same-sex co-parents, not only registered domestic partners, to petition to adopt their partner’s child or a child of a relationship.

Note: If the child is 12 years or older, child will also have to agree to the adoption.

Code § 8802(A); Cal. Fam. Code § 9000(b); Sharon S v. Superior Court, 73 P.3d 554 (Cal. 2003)

What does adoption entail?

In California, the adoption processes differ based on your relationship to your child and how they came into your care. You can find more information about each of these adoption processes here.

One of the most streamlined processes, confirmatory adoption, is available to parents:

Who were married at the time the child was born, and
Who are married at the time of the adoption petition, and
Who used assisted reproduction or surrogacy to bring the child into their family

This process involves:

An adoption request,
An adoption agreement,
An adoption order,
A declaration of confirming parentage,
Forms related to a child’s Indian status,
Filing fee,
A judge’s review of and signature on the adoption order

If the judge has a very good reason, they may order a home study and set a court date to make a decision after they get more information. Information specific to confirmatory adoptions may be found here.

Parents can also secure a non-birthing parent’s legal parent-child relationship through stepparent or second parent adoption. These processes are less streamlined than confirmatory adoption, but more streamlined than general agency adoption.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Colorado

Who may adopt?

Colorado allows:

Any adult over 21 years old to petition to adopt.
A person with a spouse or partner in a civil union to petition jointly.
Couples to adopt, regardless of marital status, through stepparent or second parent adoption.

Also, legal parents may seek a confirmatory adoption in Colorado.

Colo. Rev. Stat. Ann. § 19-5-202

What does adoption entail?

There are a lot of paths for securing legal parentage through adoption in Colorado. First, married couples can use the stepparent adoption process in Colorado to secure legal parentage. A person who is a partner in a civil union can also adopt a child of the other partner through the same process. This process involves:

An adoption petition,
A background check
A verified statement of fees, consents, and service waivers,
The child’s consent (if they’re 12+ years old),
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

More information about the stepparent adoption process can be found here.

Second, a child’s sole legal parent can specify a second adult to adopt a child without losing any parental rights through the second parent adoption process. This process largely mirrors the stepparent adoption process described above. There’s no marriage requirement, and the statute is written in gender-neutral terms, which means that unmarried same-sex couples can share parental rights and responsibilities.

Finally, Colorado’s “Marlo’s Law” updated access to parentage protections and streamlined confirmatory adoption for same-sex couples who use assisted reproduction. A petition for confirmatory adoption involves:

A marriage certificate (if applicable),
A declaration of use of assisted reproduction,
A copy of the child’s birth certificate,
The child’s consent (if they’re 12+ years old),
A sworn statement acknowledging parentage,
Filing fee

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Colo. Rev. Stat. Ann. § 19-5-203. C 19-5-202(5); Colo. Rev. Stat. Ann. § 19-5-202(5); Colo. Rev. Stat. Ann. § 19-5-203; Colo. Rev. Stat. Ann. § 19-5-203.5

Connecticut

Who may adopt?

Connecticut allows:

Single people and couples to adopt, regardless of their marital status.
Married couples to petition jointly.
A married person to adopt the child of their spouse.
Unmarried couples to petition for second parent adoption.

Conn. Gen. Stat. § 45a-726; Conn. Gen. Stat. § 45a-732; Conn. Gen. Stat. § 45a-724; Conn. Gen. Stat. § 45a-724(a)(3)

What does adoption entail?

There are a few different paths for securing legal parentage through adoption in Connecticut.

First, any married person can use Connecticut’s stepparent adoption process to adopt the child of their spouse as long as the petitioner has lived in Connecticut for at least six months. This process involves:

An adoption petition,
A statement of confidential information,
An affidavit,
Consent of the child (if they’re 14+ years old),
Possible background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

There are additional requirements (notice to the Commissioner of Children and Families, an investigation, and a report), but these are usually waived unless there’s a good reason to maintain them. Required forms may be found here.

Connecticut also allows a child’s sole legal parent to specify “one other person” to adopt the child through second parent adoption. This process largely mirrors the stepparent adoption process described above. There’s no marriage requirement, and the statute is written in gender-neutral terms, which means that unmarried same-sex couples can share parental rights and responsibilities.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Conn. Gen. Stat. § 45a-724; Conn. Gen. Stat. § 45a-724(a)(3)

Delaware

Who may adopt?

Delaware allows:

Any adult over 21 years of age to petition to adopt.
Married couples to petition to adopt jointly^.
Unmarried couples who are cohabitating to petition to adopt jointly.
A married person to adopt the child of their spouse.

Delaware does not allow:

Second parent adoption for unmarried couples.

Del. Code Ann. Tit. 13 § 903; Del. Code Ann. Tit. 13 § 903;§ 1512(g)

What does adoption entail?

Married couples can use the stepparent adoption process in Delaware to secure legal parentage. Generally, this process includes:

A petition to adopt,
A custody statement,
An information sheet,
An affidavit of expenses,
An adoption order of reference form,
A final order of adoption,
Consents including the child’s consent (if they’re 14+ years old),
The child’s birth certificate,
A marriage certificate,
Additional documentation/procedure as required by the court,
Possible background checks,
Filing fee,
A social study of your home,
A hearing

In the stepparent adoption process, the home study and hearing may be waived. More information can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

D.C.

Who may adopt?

D.C. allows:

Any person to petition to adopt — but if that person has a spouse, they must join the petition or, if the spouse is the birth parent, the spouse must give their consent.
A married person to adopt the child of their spouse.
Unmarried couples living together in a committed personal relationship to adopt jointly.

D.C. Code § 16-302; M.M.D. v. B.H.M., 662 A.2d 837 (D.C. 1995)

What does adoption entail?

Married couples can use the stepparent adoption process in D.C. to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents,
Birth certificates,
Possible background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

In the stepparent adoption process, the typically required adoption study, required visits, licensing, and adoption report can be bypassed. Forms related to stepparent adoption in D.C. can be found here.

Unmarried couples can complete a second parent adoption, which has a process that is very similar to the stepparent adoption process outlined above.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Florida

Who may adopt?

Florida allows:

Unmarried single people to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt the child of their spouse.

Florida statutes do not address second parent adoption for unmarried couples.

Fla. Stat. §63.042

What does adoption entail?

Married couples can use the stepparent adoption process in Florida to secure legal parentage. Generally, this process requires:

An adoption petition,
Consents,
Accompanying documentation in the proper county,
Background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A final court hearing

The stepparent adoption form may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Georgia

Who may adopt?

Georgia allows:

Anyone over the age of 21 to petition to adopt.
Married couples to petition to adopt jointly.
A married person to petition to adopt as a stepparent if they are living with their spouse and the spouse is already the legal parent of the child.

Georgia does not allow:

Second parent adoption for unmarried couples.

Ga. Code Ann. § 19-8-3

What does adoption entail?

Married couples can use the stepparent adoption process in Georgia to secure legal parentage. Generally, this process requires:

An adoption petition,
Necessary paperwork (including background checks),
A home study,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing (likely)

The court may agree to waive the home study for stepparent adoptions, and there is no requirement as to the length of the marriage prior to petitioning.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Hawaii

Who may adopt?

Hawaii allows:

An unmarried adult to petition to adopt.
Married couples to petition to adopt jointly.
A person married to the legal parent of a child to petition to adopt as long as they have been living in Hawaii for six months prior to filing.

Hawaii does not allow:

Second parent adoption for unmarried couples.

Haw. Rev. Stat. Ann. § 578-1, Haw. Rev. Stat. Ann. § 578-2(c)

What does adoption entail?

Married couples can use the stepparent adoption process in Hawaii to secure legal parentage. Generally, this process requires:

An adoption petition,
Documentation (e.g., birth certificate, marriage certificate, background checks, and more),
Consents, including the consent of the child (if they’re 14+ years old),
Filing fee,
A home study,
Additional documentation/procedure as required by the court,
A hearing

The court may agree to waive the home study for stepparent adoptions. A copy of the petition for adoption (non-consent) may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Idaho

Who may adopt?

Idaho allows:

An adult over the age of 25 individually to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt the child of their spouse as long as the parents and child have lived in the state for at least six months (if the child is older than six months old), and the legal parent has given consent.
Unmarried couples to petition for second parent adoption.

Idaho Code Ann. § 16-1501 to § 16-1504; In re Adoption of Doe, No. 41463, 2014 WL 527144 (2014)

What does adoption entail?

Married couples can use the stepparent adoption process in Idaho to secure legal parentage. Generally, this process requires:

An adoption petition,
Supporting documents (e.g., the birth certificate and marriage certificate),
Background checks,
Consents, including the consent of the child (if they’re 12+ years old),
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

In a stepparent adoption, the typically required home study is waived. More information about the adoption process in Idaho may be found here.

Unmarried couples can complete a second parent adoption, which has a process that is very similar to the stepparent adoption process outlined above.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Illinois

Who may adopt?

Illinois allows:

An adult over the age of 18 to petition to adopt.
Married couples to petition to adopt jointly.
Unmarried couples to petition to adopt jointly.
A married person to adopt the child of their spouse.
Unmarried couples to petition for second parent adoption.

750 Ill. Comp. Stat. § 50/2. Petition of K.M. and D.M., 653 N.E.2d 888 (Ill. App. Ct. 1995).

What does adoption entail?

Married couples can use the stepparent adoption process in Illinois to secure legal parentage. Generally, this process requires:

An adoption petition,
Consents, including the consent of the child (if they’re 15+ years old),
Supporting documents (e.g., birth certificate),
Possible background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

In a stepparent adoption, the typically required home study is waived, and a few of the other pre-adoption requirements may be waived as well.

Unmarried couples can complete a second parent adoption, which has a process that is very similar to the stepparent adoption process outlined above.

More information about adoption in Illinois can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver

Indiana

Who may adopt?

Indiana allows:

Any adult person to petition to adopt.
Married couples to petition to adopt jointly.
Unmarried couples to petition to adopt jointly.
A married person to petition to adopt their spouse’s child with permission of the legal parent.

Indiana does not allow:

Second parent adoptions for unmarried couples.

Ind. Code Ann. § 31-19-2-2 to § 31-19-2-4; In re Adoption of M.M.G.C., 785 N.E.2d 267 (2003) and In re Adoption of K.S.P., 804 N.E.2d 1253 (2004)

What does adoption entail?

Married couples can use the stepparent adoption process in Indiana to secure legal parentage as long as the child’s legal parent is also filing to adopt or files a written consent. Generally, this process requires:

An adoption petition filed in the county where the child resides,
Supporting documentation (e.g., marriage or birth certificates),
Background checks,
Home study,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

In a stepparent adoption, the home study may be waived.

Unmarried couples can complete a second parent adoption, which has a process that is very similar to the stepparent adoption process outlined above.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Iowa

Who may adopt?

Iowa allows:

Any adult person to petition to adopt.
Married couples to petition to adopt jointly.
A married person to petition to adopt their spouse’s child with permission of the legal parent.

Iowa does not allow:

Second parent adoptions for unmarried couples.

Ia. Code Ann. § 60.4(3)

What does adoption entail?

Married couples can use the stepparent adoption process in Iowa to secure legal parentage as long as the child’s legal parent is also filing to adopt or files a written consent. Generally, this process requires:

An adoption petition filed in the county where the child resides,
Supporting documentation (e.g., marriage or birth certificates),
Background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

The stepparent adoption process is more streamlined than traditional adoption, which means there’s no long wait period, no home study, and lower costs. You can find out more about stepparent adoption in Iowa here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Kansas

Who may adopt?

Kansas allows:

Any adult person to petition to adopt.
Married couples to petition to adopt jointly.
A married person to petition to adopt their spouse’s child.

Kansas does not allow:

Second parent adoptions for unmarried couples.

Ka. Stat. Ann. § 59-2113.

What does adoption entail?

Married couples can use the stepparent adoption process in Kansas to secure legal parentage. Generally, this process requires:

A civil cover sheet,
An adoption petition,
Consents (signed before a notary), including spousal consent and the consent of the child (if they’re 14+ years old),
An entry of appearance,
A waiver of notice,
An accounting report,
Filing fee,
A final hearing

Possible additional requirements include:

Supporting documents or information, such as written proof of a valid marriage and length of marriage
Additional documentation/procedure as required by the court,
Home study or waiver of home study
A Kansas Department of Children and Families Abuse and Neglect Clearance
A Kansas Bureau of Investigation background check
A Kansas Offender Registration Act search

More information about the stepparent adoption process in Kansas can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Kentucky

Who may adopt?

Kentucky allows:

Any adult to petition to adopt.
Married couples to petition to adopt jointly.
A married person to petition to adopt their spouse’s child.

Kentucky does not allow:

Second parent adoptions for unmarried couples.

Ky. Rev. Stat. Ann. § 199.470

What does adoption entail?

Married couples can use the stepparent adoption process in Kentucky to secure legal parentage. Generally, this process requires:

An adoption petition,
Consents,
Accompanying paperwork (e.g., birth and marriage certificates),
Filing fee,
An investigation with the Cabinet for Health and Family Services to determine the sufficiency of the petition and the parent’s financial and moral fitness,
Additional documentation/procedure as required by the court,
A hearing

Kentucky generally requires the Secretary of the Cabinet for Health and Family Services to approve the adoption petition, but this requirement is waived for people using the stepparent adoption process. Forms related to adoption in Kentucky may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Louisiana

Who may adopt?

Louisiana allows:

Any adult over 21 to petition to adopt.
Married couples to petition to adopt jointly.
A married person to petition to adopt their spouse’s child.

Louisiana does not allow:

Second parent adoptions for unmarried couples.

La. Ch. Ann. Art. 1243.

What does adoption entail?

Married couples can use the stepparent adoption process in Louisiana to secure legal parentage. This process falls under the laws of “intrafamily adoption” and are handled differently than other types of adoptions. As such, stepparent adoption generally requires:

An adoption petition indicating that it’s an intrafamily adoption,
Consents,
Accompanying paperwork (e.g., birth and marriage certificates, proof of stable income),
Background checks and home study (possible, not likely),
Additional documentation/procedure as required by the court,
Filing fee,
A hearing to issue the final adoption decree

Louisiana permits certain individuals to receive adoption petition services. More information about adoption petition services may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Maine

Who may adopt?

Maine allows:

Any adult to petition to adopt regardless of marital status.
A married person to petition to adopt their spouse’s child.
An unmarried person to adopt the child of their partner.
People who are already legal parents to pursue confirmatory adoption.

Me. Rev. Stat. tit. 18-C § 9-301; L Me. Rev. Stat. tit. 18-C § 9-301.

What does adoption entail?

In Maine, the adoption processes differ based on your relationship to your child and how they came into your care.

One of the most streamlined processes, confirmatory adoption, is available to Maine parents who are already parents under the Maine Parentage Act to children born through assisted reproduction. This process requires:

A court petition signed by both parties,
A copy of the child’s birth certificate,
An explanation of the circumstances of the child’s birth through assisted reproduction,
An attestation that each petition consented to the child’s birth through assisted reproduction,
An attestation that no competing claims of parentage exist,
A copy of the parents’ marriage certificate, as applicable,
Filing fee

Married and unmarried couples can also secure parent-child relationships through stepparent or second parent adoption. These processes are less streamlined than confirmatory adoption and include a six-month waiting period, home study, background checks, and more. More information about adoption in Maine may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Maryland

Who may adopt?

Maryland allows:

Any adult to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt individually with the permission of the legal parent.

Maryland does not allow

Second parent adoption for unmarried couples.

Md. Fam. Law Code Ann. § 5-3B-13

What does adoption entail?

Married couples can use the stepparent adoption process in Maryland to secure legal parentage. Generally, this process requires:

An adoption petition,
Consents,
Marriage or birth certificates,
Home study documentation,
Background checks,
Evidence of income,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

The court may waive some of these requirements. More information about adoption in Maryland may be found here and here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Md. Rule 9-103

Massachusetts

Who may adopt?

Massachusetts allows:

Single adults or couples to petition to adopt, regardless of marital status.
A married person to adopt the child of their spouse as long as the child is the biological or adopted child of one member of the couple.
An unmarried person to adopt the child of their partner as long as the child is the biological or adopted child of one member of the couple and the child.

Mass. Gen. Laws Ann. Ch. 210 § 1; Adoption of Tammy, 619 N.E. 2d 315 (Mass. 1993)

What does adoption entail?

Married couples can use the stepparent adoption process in Massachusetts to secure legal parentage. Unmarried couples can use the second parent adoption process (sometimes called “co-parent adoption”). These processes are very similar. Generally, this process requires:

An adoption petition and affidavit,
A completed Court Activity Record Information (CARI) form,
An affidavit disclosing care or custody proceeding,
A marriage certificate or diverse certificate (if relevant),
The consent of the child (if they’re 14+ years old),
Home study, notice, and six-month residency (though you can file a motion to request to waive these requirements),
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

More information about adoption in Massachusetts can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Michigan

Who may adopt?

Michigan allows:

Single adults to petition to adopt.
Married couples to petition to adopt jointly.
A married person to petition to adopt their spouse’s child.

Michigan does not allow:

Second parent adoption for unmarried couples.

Mich. Comp. Laws Ann. § 710.24; Mich. Comp. Laws Ann. § 710.51(6)

What does adoption entail?

Married couples can use the stepparent adoption process in Michigan to secure legal parentage. This process is sometimes called “second parent,” “co-parent,” or even “confirmatory” adoption, though the process is less streamlined than other states who use these terms. The stepparent adoption process in Michigan generally requires:

A petition to adopt,
Accompanying paperwork (e.g., birth and marriage certificates, income information, and background checks),
A home study,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

You may request that the court waive the home study requirement. The Michigan State Bar Foundation has created a resource for Do-It-Yourself Stepparent Adoption, available here. The Circuit Court for the Third Judicial Circuit of Michigan, Family Division has also produced filing instructions for stepparent adoptions, available here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Minnesota

Who may adopt?

Minnesota allows:

Any person who has resided in the state for one year or longer to petition to adopt.*
Married couples to petition to adopt jointly.
A married person to petition to adopt their spouse’s child (the spouse is not required to join this petition).

Minnesota does not allow:

Second parent adoption for unmarried couples.

*Residency may be waived for married couples where one parent is the legal parent of the child.

Minn. Stat. Ann. § 259.21; Minn. Stat. Ann. § 259.22

What does adoption entail?

Married couples can use the stepparent adoption process in Minnesota to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents, including consent from a child (if they’re 14+ years old),
A request to waive the placement assessment and accompanying affidavit and proposed order,
A request to waive the residency requirement (if needed),
Proposed findings of fact, conclusions of law, order for judgment, and adoption decree,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

More information about stepparent adoption in Minnesota may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Mississippi

Who may adopt?

Mississippi allows:

Single adults to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt the child of their spouse.
Second parent adoptions for unmarried couples.

Note: Mississippi has a statute that prohibits adoption “by couples of the same gender.” However, after the landmark Supreme Court ruling Obergefell v. Hodges, Mississippi must allow same-sex spouses to adopt on equal terms with other married couples.

Miss. Code Ann. § 93-17-3(4); Matter of Adoption of D.D.H., 268 So.3d 449, 450 (2018); Miss. Code Ann. § 93-17-3(5)

What does adoption entail?

Married couples can use the stepparent adoption process in Mississippi to secure legal parentage. Generally, this process requires:

A petition to adopt filed in the county where you reside,
Consents, including consent from a child (if they’re 14+ years old),
Documentation of six month’s residency (or less, if the child is younger than six months),
Birth and marriage certificates,
Income documentation,
Background checks,
Home study,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

You may request that the court waive the home study requirement. More information about adoption in Mississippi may be found here.

Unmarried couples may petition to adopt using the second parent adoption process, but it’s unclear whether the court would use a similar procedure as it does in stepparent adoption. Further, unmarried parents might face additional challenges because:

The only case law on second parent adoption in Mississippi involves a different-sex couple, and
Mississippi has statutes that discriminate against same-sex couples

With this in mind, unmarried couples may wish to seek out legal assistance.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Missouri

Who may adopt?

Missouri allows:

Single adults to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt the child of their spouse.

Missouri does not allow

Second parent adoption for unmarried couple.

Mo. Stat. Ann. § 453.010

What does adoption entail?

Married couples can use the stepparent adoption process in Missouri to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents,
Required documentation (e.g., birth and marriage certificates),
Documentation of expenses,
The appointment of a guardian ad litem (GAL) to provide consent for the child if they are younger than 14 (possible),
A home study from the Division of Social Services to determine that the adoptive parent is fit and the home is adequate,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

Saint Louis County has prepared a packet of information on adoptions, which may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Montana

Who may adopt?

Montana allows:

Single adults over 18 to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt the child of their spouse if the petitioner’s spouse has legal and physical custody of the child and the petitioner has lived with their spouse and the child for at least 60 days prior to filing for adoption.
An unmarried person to adopt their partner’s legal child with their partner’s consent.

Montana does not allow

Unmarried couples to adopt jointly.

Mont. Code Ann. § 42-1-106; Mont. Code Ann. § 42-4-302(1); Mont. Code Ann. § 42-4-302

What does adoption entail?

Married couples can use the stepparent adoption process in Montana and unmarried partners can use Montana’s second parent adoption process to secure parentage. The processes are similar, and sometimes the process for married couples is even referred to as “second parent adoption.” Generally, this process requires:

A petition to adopt,
Required documentation (e.g. birth and marriage certificates),
Consents, including the child’s consent (if they’re 12+ years old),
Possible background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

When the judge sets a hearing date, you will receive an Order Setting Hearing that will tell you when and where your hearing will be held. You will bring your stamped paperwork and the Stepparent Adoption Decree, filled out to the best of your ability. Once the decree is signed, you will take it to the Clerk of District Court immediately.

More information on the adoption process may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Montana

Who may adopt?

Montana allows:

Single adults over 18 to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt the child of their spouse if the petitioner’s spouse has legal and physical custody of the child and the petitioner has lived with their spouse and the child for at least 60 days prior to filing for adoption.
An unmarried person to adopt their partner’s legal child with their partner’s consent.

Montana does not allow

Unmarried couples to adopt jointly.

Mont. Code Ann. § 42-1-106; Mont. Code Ann. § 42-4-302(1); Mont. Code Ann. § 42-4-302

What does adoption entail?

A petition to adopt,
Required documentation (e.g. birth and marriage certificates),
Consents, including the child’s consent (if they’re 12+ years old),
Possible background checks,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

More information on the adoption process may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Nebraska

Who may adopt?

Nebraska allows:

Individual adults to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt the legal child of their spouse with the legal parent’s consent.

Nebraska does not allow:

Second parent adoptions for unmarried couples.

Neb. Rev. Stat. § 43-101

What does adoption entail?

Married couples can use the stepparent adoption process in Nebraska to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents, including the consent of the child (if they’re 14+ years old),
Accompanying documentation (e.g. birth and marriage certificates or accounting reports),
Background check,
Home study,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

You may request to waive the home study requirement. Nebraska court forms are available here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Nevada

Who may adopt?

Nevada allows:

One or more adults to petition to adopt.
A person to adopt the legal child of their spouse or partner — but, in order for the spouse or partner to retain parental rights, they must also join the petition.
More than two people to have a legal parent-child relationship with a child.

Nev. Rev. Stat. Ann. § 127.030

What does adoption entail?

Married couples can use the stepparent adoption process in Nevada to secure legal parentage. Unmarried couples can use a similar second parent adoption process, but remember that both parents should join the petition for the current legal parent to retain parental rights. Generally, this process requires:

A petition to adopt, a cover sheet, consents,
An ex parte application and order to waive the child welfare investigation (if desired)
An affidavit of fees,
Filing fee,
A home study,
Additional documentation/procedure as required by the court,
A background check (possible),
A hearing (possible, depending on your relationship to the child)

The home study is typically waived for stepparent adoptions, but less so in second parent adoptions. If a hearing is held, they might ask you some questions to ensure that all requirements are met. Bring the Decree with you so that the judge can sign it right away. More information about the adoption process in Nevada, including court forms, can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

New Hampshire

Who may adopt?

New Hampshire allows:

Single adults to petition to adopt.
Married adults to petition to adopt.
Unmarried adults to petition to adopt.
A married person to adopt the child of their spouse.
People who used assisted reproduction and who are already their child’s legal parent under state law to pursue confirmatory adoption.

N.H. Rev. Stat. Ann. § 170-B:4

What does adoption entail?

Married and unmarried couples can use the second parent (or co-parent/stepparent) adoption process in New Hampshire to secure legal parentage. Generally, this process requires:

A petition to adopt,
A certified copy of the child’s birth certificate,
A confidential Report of the City and Town Clerk Relative to Adoption form,
A criminal record release authorization form,
A Department of Health and Human Services Record Release Authorization Form,
Information about the child’s current legal parent,
A home study (possible, not always required),
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

You can request that the court waive the requirement for a home study. More information about the adoption process in New Hampshire may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

New Jersey

Who may adopt?

New Jersey allows:

Individual adults to petition to adopt.
Married adults to petition to adopt jointly.
A married person to adopt their spouse’s legal child.
Unmarried couples to pursue second parent adoption when it’s in the child’s best interest.
People who are already legal parents under state law to pursue a streamlined confirmatory adoption process to confirm legal parentage.

N.J. Stat. Ann. § 9:3-43; In re the Adoption of Two Children by H.N.R., 666 A.2d 535 (1995).

What does adoption entail?

In New Jersey, the adoption processes differ based on your relationship to your child and how they came into your care.

Married couples can use New Jersey’s stepparent adoption process, unmarried couples can use New Jersey’s second parent adoption process, and people who are already legal parents under state law can use New Jersey’s confirmatory adoption process to secure legal parentage. The stepparent and second parent adoption process largely mirror one another and generally require:

An adoption petition filed in the county where you live,
The consent of the legal parent with an accompanying consent affidavit,
Accompanying documents (e.g., birth certificate and marriage certificate),
Filing fee,
A potential preliminary hearing to determine if a home study, criminal background check, and fingerprinting are necessary,
Additional documentation/procedure as required by the court,
A final hearing

Courts sometimes forego the home study, criminal background check, and fingerprinting. You can also waive the background checks, home studies, and even the court appearance by pursuing a confirmatory adoption. Confirmatory adoptions are available to non-genetic/non-gestational parents who:

Were married or in a civil union with the child’s birth parent/genetic parent at the time of the birth of the child, and
Are named on the child’s birth certificate, and
Are the only other legal parent

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

N.J. Stat. Ann. § 9:3-43.

New Mexico

Who may adopt?

New Mexico allows:

Any individual approved by the court to petition to adopt.
A married person to adopt their spouse’s legal child.

New Mexico does not allow:

Second parent adoptions for unmarried couples.

N.M. Stat. Ann. § 32A-5-11

What does adoption entail?

Married couples can use the stepparent adoption process in New Mexico to secure legal parentage. For couples that have been married more than a year, the process generally requires:

A petition to adopt,
Consents, including consent from the child (if they’re 14+ years old),
Birth and marriage certificates,
A criminal record check,
Counseling for the child if they are 10+ years old,
Counseling for the couple if they have been married more than one year but less than two,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

For couples who have been parents less than one year, the process is treated more like an independent adoption. Each case is different, and the judge may require different or less information, depending on the circumstances. More information, including all relevant forms and a helpful checklist, is available here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

N.M. Stat. Ann. § 32A-5-11; N.M. Stat. Ann. § 32A-5

New York

Who may adopt?

New York allows:

Individuals and couples to petition to adopt regardless of marital status.
A married person to adopt their spouse’s legal child.
An unmarried person to adopt the child(ren) of their partner through second parent adoption.

N.Y. Dom. Rel. § 110; In the Matter of Jacob, 660 N.E.2d 397 (N.Y. 1995)

What does adoption entail?

Married couples can use the stepparent adoption process in New York to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents,
Criminal background checks,
A home study,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

Forms related to adoption may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

North Carolina

Who may adopt?

North Carolina allows:

Any adult to petition to adopt.
Married couples to adopt, though they must file jointly unless the court waives this requirement.
A married person to adopt their spouse’s legal child.

North Carolina does not allow:

Two unmarried people to jointly file to adopt.
Second parent adoptions for unmarried couples.

N.C. Gen. Stat. § 48-1-103; N.C. Gen. Stat. § 48-2-301(c). Boseman v. Jarrell, 704 S.E.2d 494 (N.C. 2010).

What does adoption entail?

Adoption in North Carolina requires the filing of a “special proceeding,” which is a court case decided by a superior court clerk or assistant clerk. Generally, this process requires:

A petition for adoption filed in the county where the petitioner or child lives,
Paperwork (e.g., consents, marriage and birth certificates, and background check paperwork),
Filing fee,
Preplacement assessment or home study,
Additional documentation/procedure as required by the court,
A hearing

You can find out more information about adoption in North Carolina here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

North Dakota

Who may adopt?

North Dakota allows:

Any adult to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt their spouse’s legal child.

North Dakota does not allow:

Second parent adoptions for unmarried couples.

N.D. Code § 14-15-03.

What does adoption entail?

Married couples can use the stepparent adoption process in North Dakota to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents,
Supporting documentation (e.g., birth and marriage certificates),
Filing fee,
An accounting of expenditures connected to the adoption,
A home study,
A six-month waiting period,
Additional documentation/procedure as required by the court,
A hearing

In stepparent adoption, the accounting of expenditures, home study, and six-month waiting period may be waived. More information about adoption in North Dakota may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Ohio

Who may adopt?

Ohio allows:

Any adult to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt their spouse’s legal child.

Ohio does not allow:

Second parent adoption for unmarried couples.

Ohio Rev. Code Ann § 3107.03

What does adoption entail?

Married couples can use the stepparent adoption process in Ohio to secure legal parentage. Each county has different requirements, filing fees, and procedures for stepparent adoption. So, you might want to check to see if your county lists requirements on their website or talk with an adoption clerk of the county in which you’ll be filing the petition.

Generally, the process requires:

A petition to adopt, which includes basic information about the identity and circumstances of the stepparent and child to be adopted,
A Supplemental Petition containing additional information about employment, military service, previous marriages, and other children might also be required in some Ohio counties,
Filing fee,
A home study,
Letters of reference,
A medical report from a physician,
A criminal record check, including fingerprinting,
Additional documentation/procedure as required by the court,
A hearing that involves obtaining the child’s consent (if they’re 12+ years old) and an interview with the petition and the petitioner’s spouse

In some cases, the court may issue a temporary decree of adoption that will become final after six months. In other cases, the court may simply issue a final decree. The Ohio Bar has put together a primer on stepparent adoptions, which may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Oklahoma

Who may adopt?

Oklahoma allows:

Adults over 21 to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt their spouse’s legal child if the petitioner and child’s legal parent have been married for at least a year.
Second parent adoptions for unmarried couples.

Okla. Stat. Tit. 10 § 7503-1.1; Eldredge v. Taylor, 2014 OK 19 (2014)

What does adoption entail?

Married couples can use Oklahoma’s stepparent adoption process, called “Related Adoption” and unmarried couples can use the second parent adoption process to secure legal parentage. The two processes differ.

The stepparent adoption process for married couples is more simplified than general adoptions, which require waiting periods and home studies. But, couples must be married for at least a year to qualify. Generally, the process requires:

A petition to adopt, which includes facts supporting the adoption,
Consents, including the consent of the child (if they’re 12+ years old),
Documentation and affidavits,
Background checks,
Medical and social history,
An affidavit of expenditures,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

The second parent adoption process for unmarried couples is a bit more complicated. There is clear case law in Oklahoma that allows second parent adoption, but because Oklahoma’s stepparent adoption process requires parents to be married for at least a year, it’s likely that the process for second parent adoption aligns more closely with the process for general adoption. This means that second parent adoption likely involves all of the above requirements in addition to waiting periods and home studies.

More information about adoption in Oklahoma can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Oregon

Who may adopt?

Oregon allows:

Any adult to petition to adopt.
A married person to adopt their spouse’s child.
An unmarried person to adopt their partner’s child.

Or. Rev. Stat. § 109.276

What does adoption entail?

Married and unmarried couples can use Oregon’s stepparent and second parent “independent adoption” process to secure legal parentage, which allows couples to avoid the Oregon Department of Human Services (ODHS)’s initial involvement (i.e. placement report). In order to qualify, the adoptive parent, birth parent, or child might have resided in Oregon for at least six months, and the child must consent (if they’re 14+ years old).

Generally, the process requires:

Filing the following documents to with the court and sending copies to ODHS within 30 days:
- A petition to adopt
- Consents, including the consent of the child (if they’re 14+ years old)
- Other documentation
A review by ODHS,
A background check,
A child abuse registry check,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing (possible)

When ODHS reviews your petition, they may waive the typical 90-day waiting period, the home study, and the criminal history check.

More information about independent adoptions in Oregon may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Or. Rev. Stat. § 109.278(8)(a)(B)(ii)

Pennsylvania

Who may adopt?

Pennsylvania allows:

Any adult individual to petition to adopt.
A married person to adopt their spouse’s child.
Unmarried couples to adopt through second parent adoptions when in the child’s best interests.

23 Pa. Cons. Stat. § 2312; 23 Pa. Cons. Stat. § 2711; In re Adoption of R.B.F. & R.C.F., 803 A.2d 1195 (Pa. 2002)

What does adoption entail?

Married couples can use Pennsylvania’s stepparent adoption process to secure legal parentage. This process mirrors the general adoption process without the home study requirement. Generally, the stepparent adoption process in Pennsylvania requires:

A petition to adopt, which includes demographic information and statements,
A birth certificate,
A federal criminal history records (possible),
A PA ChildLine clearance,
A PA criminal history report,
Consents (possible),
A notice of proof of service,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing (likely)

An example of the types of forms that may be required can be found here.

Unmarried couples can use Pennsylvania’s second parent adoption process to secure legal parentage. It’s likely that this process will involve a home study and be subject to greater scrutiny by the court than the stepparent adoption process described above.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Rhode Island

Who may adopt?

Rhode Island allows:

Any adult individual to petition to adopt any person younger than themselves and under 18 years old.
Married couples to petition to adopt jointly.
A married person to adopt their spouse’s child as long as that person has lived in Rhode Island for at least six months, and the couple has been married for at least a year.
Unmarried couples to adopt through second parent adoptions as long as that person has lived in Rhode Island for at least six months.
Parents who are already legal parents to complete a confirmatory adoption.

R.I. Gen. Laws § 15-7-4(a); R.I. Gen. Laws § 15-7-5; 2023-H 5226A, 2023-S 0121A.

What does adoption entail?

In Rhode Island, the adoption processes differ based on your relationship to your child and how they came into your care.

One of the most streamlined processes, confirmatory adoption, is available to Rhode Island parents who are already parents under the Uniform Parentage Act to children born through assisted reproduction. Generally, this process requires:

A court petition signed by both parties,
A copy of the child’s birth certificate,
A marriage certificate (if applicable),
A signed declaration by both parents explaining the circumstances of the child’s birth through assisted reproduction,
An attestation that each petition consented to the child’s birth through assisted reproduction,
An attestation that no competing claims of parentage exist,
Filing fee

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

The court will review the materials within 30 days to confirm that no competing parental claims exist and either:

That the birthing parent and spouse were married at the time of the child’s birth and the child was born via assisted reproduction, OR
That the birthing parent and the partner consented to assisted reproduction

Married and unmarried couples can also secure parent-child relationship through stepparent or second parent adoption. These processes are less streamlined than confirmatory adoption and may require:

A home investigation from the Department of Children and their Families (DCF),
Paperwork (e.g. birth and marriage certificates, consents, and background check information),
Additional documentation/procedures
Filing fee,
A hearing

More information about adoption in Rhode Island may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

South Carolina

Who may adopt?

South Carolina allows:

Any adult to petition to adopt.
A married person to adopt their spouse’s child with the consent of the spouse.

South Carolina does not allow:

Second parent adoptions for unmarried couples.

S.C. Code Ann. § 63-9-60; S.C. Code Ann. § 63-9-1110.

What does adoption entail?

Married couples can use the stepparent adoption process in South Carolina to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents, including the consent of your spouse and the child (if they’re 14+ years old),
Documentation (e.g. birth and married certificates, background checks),
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

In most cases, the court will waive traditional requirements for screening or counseling unless deemed necessary. They will also typically waive the home study, accounting, and 90-day waiting period.

More information about adoption in South Carolina can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

South Dakota

Who may adopt?

South Dakota allows:

Any adult to petition to adopt.
A married person to adopt their spouse’s child.

South Dakota does not allow:

Second parent adoptions for unmarried couples.

S.D. Codified Laws § 25-6-2; S.D. Codified Laws § 25-6-2

What does adoption entail?

Married couples can use the stepparent adoption process in South Dakota to secure legal parentage. Generally, this process requires:

A petition to adopt,
Background checks,
Consents,
Birth certificates,
Financial statements,
Waiting periods,
Additional documentation/procedure as required by the court
Filing fee,
A hearing

In most cases, the court will waive the traditional requirement for a home study unless the court deems it necessary. More information about adoption in South Dakota may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

S.D. Codified Laws § 25-6-2

Tennessee

Who may adopt?

Tennessee allows:

Any adult over the age of 18 to petition to adopt.
Married couples to petition to adopt jointly.
A married person to adopt their spouse’s child.

Tennessee does not allow:

Second parent adoptions for unmarried couples.

Tenn. Code Ann. § 36-1-115

What does adoption entail?

Married couples can use the stepparent adoption process in Tennessee to secure legal parentage. Generally, this process requires:

A petition to adopt in the chancery or circuit court (depending on your county),
Documents (e.g., birth and marriage certificates, consents, background check information, and a financial accounting or health record),
Attendance at a class called “Parents as Tender Healers” (“PATH”),
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

The court where you file may have a packet of all the forms you need and possibly even a checklist of other required documents. In most cases, the court will waive the traditional requirement for a home study unless the judge deems it necessary. The court typically waives the traditional six-month waiting period as well.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Texas

Who may adopt?

Texas allows:

Any adult to petition to adopt.
A married person to adopt their spouse’s child.

Generally, Texas does not allow:

Second parent adoptions for unmarried couples*

*Some Texas courts have granted these petitions.

Tex. Fam. Code Ann. § 162.001; Tex. Fam. Code Ann. § 162.001(b)(2); Hobbs v. VanStavern, 249 S.W.3d 1 (Tx. App. 2006); Goodson v. Castellanos, 214 S.W.3d 741 (Tex. App. 2007)

What does adoption entail?

Married couples can use the stepparent adoption process in Texas to secure legal parentage. Generally, this process requires:

A petition to adopt in the district court or statutory county court with jurisdiction over family law cases.
The consent of the child (if they’re 12+ years old),
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

Other possible requirements depending on your county include:

A verified affidavit,
A CPS Central Registry Check,
A certificate from the Texas Paternity Registry,
A possible evaluation

Usually, the court also requires that the child live with the petitioner for at least six months prior to the adoption, but that can be waived (e.g., if the child is younger than six months old). More information about stepparent adoption in Texas can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Utah

Who may adopt?

Utah allows:

Any adult to petition to adopt.
A married couple to petition to adopt jointly.
A married person to adopt their spouse’s child with the consent of all parties as long as the adopting parent is at least 10 years older than the child, has lived with their spouse for at least a year, and does not have a felony that would disqualify them from adopting (e.g. a felony for child abuse).

Utah explicitly prohibits:

Second parent adoptions for unmarried couples.

Utah Code Ann. § 78B-6-117; Utah Code Ann. § 78B-6-117(2)(a)

What does adoption entail?

Married couples can use the stepparent adoption process in Utah to secure legal parentage. If everyone who must consent to the adoption does so, and if everyone who has the right to intervene waives those rights, then this process generally requires:

A filed adoption petition,
Other required documents, such as:
- A civil coversheet
- Consents
- Waiver of rights (if applicable)
- Proof of service of notice
Report of adoption
Criminal history clearance
Child abuse history report
A certificate of readiness
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

More information about stepparent adoption in Utah may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Vermont

Who may adopt?

Vermont allows:

Any adult individual to petition to adopt.
A married person to adopt their spouse’s child.
Unmarried couples to adopt through second parent adoption.

15A V.S.A. § 1-102(a); 15A V.S.A. §§ 1-102(b), 4-101; 15A V.S.A. § 1-102(b); In re B.L.V.B. & E.L.V.B., 628 A.2D 1271 (1993)

What does adoption entail?

Married and unmarried couples can use Vermont’s stepparent adoption process (sometimes called “second parent adoption”) to secure legal parentage. Generally, this process requires:

A petition to adopt, signed by the spouse of the petitioner, sworn before a notary public or signed before the Register of the Probate Division, and filed in the Probate Division,
Documentation (e.g., birth certificates, criminal background check),
The consent of the child (if they’re 14+ years old),
A home study evaluation or home study waiver,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing (likely)

More information about step- and second parent adoption in Vermont can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Virginia

Who may adopt?

Virginia allows:

Any adult to petition to adopt.
Married adults to petition to adopt jointly.
A married person to adopt their spouse’s child.
Unmarried couples to pursue second parent adoption.
People who are already legal parents under state law to pursue a streamlined confirmatory adoption process to confirm legal parentage.

Va. Code. Ann. § 63.2-1201; Va. Code. Ann. § 63.2-1241; SB 1321, amending Va. Code. Ann. § 63.2-1241

What does adoption entail?

Married and unmarried couples can use Virginia’s stepparent adoption, second parent adoption, or confirmatory adoption process to secure legal parentage. For people who used assisted reproduction, or if the child has lived in the prospective adoptive parent’s home for five years, this process is streamlined and doesn’t require an investigation and report unless the court deems them necessary. Generally, this process requires:

An adoption petition filed in Circuit Court,
Necessary consents and documentation,
Additional documentation/procedure as required by the court,
Filing fee,
A final hearing (possible)

Once everything is filed, the court can decide to issue a Final Order of Adoption or enter an Order of Reference, which would require a local, licensed child placement agency or the local Department of Social Services to do a 60-day report.

You can learn more about the process in Virginia here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Washington

Who may adopt?

Washington allows:

Any adult who is legally competent and 18+ years old to petition to adopt.
A married person to adopt their spouse’s child.

Washington does not allow:

Second parent adoptions for unmarried couples.

Wash. Rev. Code Ann. § 26.33.140; Wash. Rev. Code Ann. §§ 26.33.140, 26.33.250(1)(c)

What does adoption entail?

Married couples can use the stepparent adoption process in Washington to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents, including the consent of the child (if 14+ years old),
Affidavits,
Confidential information forms,
Background check (possible),
A request that the court enter an Order for a Post Placement Report,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

There are adoption packets available to help families navigate the process. More information about adoption, including an adoption forms packet, can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

West Virginia

Who may adopt?

West Virginia allows:

Any unmarried adult to petition to adopt.
A married couple to petition to adopt jointly.
A married adult to petition to adopt with the spouse’s consent.
A married person to adopt their spouse’s child.

West Virginia does not allow:

Second parent adoptions for unmarried couples.

W. Va. Code § 48-22-201; W. Va. Code Ann. § 48-22-116

What does adoption entail?

Married couples can use the stepparent adoption process in West Virginia to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents, including consent from the child (if 12+ years old),
Affidavits,
Birth and marriage certificates,
Background check information,
Income information,
Home study and report by the West Virginia Department of Health and Human Resources,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

The judge may waive the home study requirement. More information about adoption in West Virginia may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Wisconsin

Who may adopt?

Wisconsin allows:

Any unmarried adult to petition to adopt.
A married couple to petition to adopt jointly.
A married person to adopt their spouse’s child.

Wisconsin does not allow:

Second parent adoptions for unmarried couples.

Wis. Stat. § 48.82

What does adoption entail?

Married couples can use the stepparent adoption process in Wisconsin to secure legal parentage. Generally, this process requires:

A petition to adopt using the official form,
Consents,
Birth and marriage certificates,
Background check information,
Filing fee,
A home study performed by a licensed adoption agency or a home study waiver and a deposit for the services,
Additional documentation/procedure as required by the court,
A hearing

As noted, you may request that the home study be waived. The court may also appoint a Guardian ad Litem (GAL) to act in your child’s best interests. Adoption packets and FAQ information can be found here. Circuit court forms may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Wyoming

Who may adopt?

Wyoming allows:

Any unmarried adult to petition to adopt.
A married couple to petition to adopt jointly.
A married person to adopt their spouse’s child.

Wyoming does not allow:

Second parent adoptions for unmarried couples.

Wyo. Stat. Ann. §§ 1-22-103, 1-22-104(b); Wyo. Stat. Ann. § 1-22-104(b)

What does adoption entail?

Married couples can use the stepparent adoption process in Wyoming to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents,
An affidavit from each petitioner setting out required information pertaining to health and criminal history,
Background check and/or home study,
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

Note that the judge might not require a background check or home study. More about adoption in Wyoming, including its impact on birth certificates, may be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

Puerto Rico

Who may adopt?

Puerto Rico allows:

Any unmarried adult to petition to adopt.
A married couple to petition to adopt jointly.
An unmarried couple in a relationship “analogous to marriage” to petition to adopt jointly.
A person to adopt their spouse or domestic partner’s child if they have been married to or in a domestic partnership with the parent for at least two years or they are at least 14 years older than the child.

Puerto Rico does not specifically allow:

Second parent adoptions for unmarried couples who are not in a domestic partnership or other “relationship analogous to a marriage.”

31 P.R. Laws Ann. § 544; 21 P.R. Laws Ann. § 541

What does adoption entail?

Married couples or couples in a domestic partnership can use the stepparent adoption process in Puerto Rico to secure legal parentage. Generally, this process requires:

A petition to adopt,
Consents,
Documentation (e.g., birth and marriage certificates, financial information, demographic information, and more),
Additional documentation/procedure as required by the court,
Filing fee,
A hearing

For stepparent adoptions, the court waives the traditional requirement for a home study as long as the adoptive parent has been married to the child’s legal parent for at least two years or the adopting spouse is at least 14 years older than the child. More information can be found here.

Note: If paying the filing fee creates a financial hardship, check with your court clerks to see if you can request a fee waiver.

This information was prepared and distributed by Family Equality.

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Family Equality exists to create a world where everyone can experience the unconditional love, safety, and belonging of family. Our mission is to ensure that everyone has the freedom to find, form, and sustain their families by advancing equality for the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community.