Rosenthal Law & Mediation | 212.532.4704 |
225 Broadway - Suite 2605 - New York, New York - 10007

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Joy S. Rosenthal, Esq.
225 Broadway, Suite 2605
New York, New York 10007
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fax : 646.607.2277
Home arrow icon What We Do arrow icon Adoption arrow icon Lesbian / Gay Adoption, Second-Parent Adoption

Lesbian / Gay Adoption,
Second-Parent Adoption

Adoption by same-sex couples is legal in New York. Yet, because the law around LGBT issues is so unsettled, partners in same-sex relationships need to take special care when building and maintaining their families. Perhaps even more than with other adoptions, same-sex adoptions require the assistance of an adoption attorney with experience in the field.

Surrogacy, an option available to gay men in some states, is not legal in New York. However, both private-placement and agency adoptions are routes to parenthood for gay men in New York. Depending on the circumstances, they can either adopt an individuals or couples.

In addition to private-placement and agency adoptions, lesbian couples can use anonymous or known donors for one of the mothers to conceive. The non-biological mother is then known as the "second parent." In a second-parent adoption, the biological parent retains her rights as birth mother of the child while consenting to the child's adoption by her partner. There are two steps:

1) The biological father must give up his rights (either by being an anonymous sperm donor, through a donor agreement, or a surrender of his parental rights).

2) The biological mother and second parent must complete a second-parent adoption.

Our law firm is experienced in representing lesbian and gay couples in second-parent, private-placement, and agency adoptions in New York. We believe that no one should be denied the opportunity to build and protect a family or to provide a loving home for a child who does not have one. We work hard to stay abreast of new developments in the legislatures and courts and will be sure you know all of your options as we guide you through the adoption process.

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