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An overview of the adoption process for same-sex couples

Since our institutions have begun to recognize same-sex marriages, old and new same-sex families have considered parenting and expanding their family. A common way of pursuing child rearing is through adoption. However, the same-sex family may be wondering how to go about this process, or whether there are any special issues that need consideration, especially considering same-sex marriage is relatively new and, unfortunately, still controversial; yet, same-sex family law has been developing rapidly to smooth out the bumps in the process.

Fortunately, Colorado has been receptive and adaptive to same-sex families pursuing adoption. In Colorado, same-sex couples may jointly petition to adopt. Additionally, Colorado permits a same-sex partner to petition to adopt their significant other's child. Even a single LGBT person may petition to adopt a child, so the sexuality of an individual will not bar them from adoption. While this leniency is certainly kinder than some other states, there are still struggles and challenges to overcome just like any adoption.

For example, in Colorado, during the adoption process, a social worker will be assigned and conduct a home study before approving an adoption application. During the home study, the social worker will inspect the home to ensure that is safe and habitable for the child. Additionally, the social worker will examine a wide variety of different factors, including but not limited to: the physical and mental health, emotional stability, and moral integrity of the petitioner, and the ability of the petitioner to promote the welfare of the child. On a final note, the social worker will run a background check, which includes examining the criminal record and the finances of the petitioner.

The adoption process can be stressful and nerve-wracking. Growing a family is important, and accepting risk and uncertainty in this area is never easy. If a same-sex couple is pursuing adoption, it can helpful to have an experienced attorney offer guidance and support during this complicated process.

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Mary Kay Kramer, P.C.
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