
LGBTQ+ parents often use assisted reproduction to expand their families. For many of these families, one or both of a child’s parents may not share genetics with them, which makes securing a legal relationship even more critical. Adoption is one valuable way for families to ensure their legal parent-child relationship, called parentage, is fully protected. In some states, confirmatory adoption provides a more streamlined adoption process for those who are already legal parents under state law.
Words to know
Why is securing parentage important?
Many rights and responsibilities depend on a legally-recognized parent-child relationship. Parentage entitles parents to make medical and other important decisions for their child and ensures that their child will have the right to inherit from their parents and access certain benefits. If the parents’ relationship breaks down, determinations about custody or visitation will be based on the child’s best interests rather than who the child’s parents are. If the family moves to another state, the parents’ legal relationships to their children will be recognized, even if that state is otherwise hostile to LGBTQ+ families.
Although a person’s home state may recognize parents who use assisted reproduction with donor gametes (sperm or eggs) as legal parents, other states may not. Because all U.S. states and jurisdictions are required to recognize validly issued court judgments, securing parentage through an adoption or parentage judgment addresses this problem and protects the family. It can also protect the family within their home state if the parents’ relationship breaks down and factual disputes arise.
What is confirmatory adoption?
Through confirmatory adoption, parents are able to access a more streamlined and efficient process to obtain an adoption decree, confirming an existing parent-child relationship. Unlike other forms of adoption, such as stepparent or second-parent adoptions, a confirmatory adoption does not usually require expensive and intrusive processes such as background checks and home inspections. In some states, confirmatory adoptions may also be available to children with more than two parents.
Which states offer confirmatory adoption?
- California
- Colorado
- Maine
- Maryland
- New Hampshire
- New Jersey
- Rhode Island
- Virginia
Don’t see your state in the list above? View our state-by-state guide to learn about other ways to secure legal parentage through stepparent or second parent/co-parent adoption.
The most certain way to protect your family
Court-ordered adoption decrees are an important protection for LGBTQ+ families because they are final and cannot be undone. In fact, the U.S. Constitution requires that all U.S. states and jurisdictions recognize all validly issued court judgments. In today’s climate, as the number of families created through assisted reproduction continues to rise and LGBTQ+ people continue to face discrimination, obtaining a court order, either an adoption or parentage judgment, is the most certain way to ensure that parental rights are recognized and fully protected, and that a family is fully secure.

Take action!
Family Equality is working in coalition with advocates in New York state to pass RAISE Children, legislation that would create and codify clearer, more streamlined paths to parental recognition, including confirmatory adoption!
This information was prepared and distributed by Family Equality.
info@familyequality.org | www.familyequality.org
Disclaimer: This information is not intended to be legal advice. It is an educational overview of the current state of confirmatory adoption. Although it is based on current research, local practices, possibilities, and requirements may differ. We urge you to consult an attorney in your state who has expertise on LGBTQ+ family law and adoption to discuss your specific circumstances and the options available to you in your state.
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.