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	<title>Gay Family Law Center &#187; LGBT Child Adoption</title>
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	<link>http://gayfamilylawcenter.com</link>
	<description>LGBTQ legal services for the LGBTQ community</description>
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		<title>Understanding LGBT Birth Certificates in California</title>
		<link>http://gayfamilylawcenter.com/understanding-lgbt-birth-certificates-in-california/</link>
		<comments>http://gayfamilylawcenter.com/understanding-lgbt-birth-certificates-in-california/#comments</comments>
		<pubDate>Sun, 21 Jul 2019 15:55:09 +0000</pubDate>
		<dc:creator><![CDATA[gayfamilylawcenter]]></dc:creator>
				<category><![CDATA[LGBT Child Adoption]]></category>
		<category><![CDATA[LGBT Divorce]]></category>
		<category><![CDATA[LGBT Surrogacy]]></category>

		<guid isPermaLink="false">http://gayfamilylawcenter.com/?p=901</guid>
		<description><![CDATA[Understanding LGBT Birth Certificates in California Birth certificates are more than just a piece of paper that sits in a file cabinet. Not only are they [&#8230;]]]></description>
				<content:encoded><![CDATA[<h1>Understanding LGBT Birth Certificates in California</h1>
<p class="post-published-date">July 21, 2019</p>
<p>Birth certificates are more than just a piece of paper that sits in a file cabinet. Not only are they an important identification document, but they are also commonly needed for <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-divorce/">divorce cases</a> that involve children, are an important step in the <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-surrogacy/">LGBT surrogacy</a> process, and of course come into play during <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-adoption/">adoption</a>. </p>
<p>California is becoming increasingly LGBT-inclusive when it comes to birth certificates. As we discussed in a previous post, <a href="http://gayfamilylawcenter.com/what-california-lgbt-families-need-to-know-about-birth-certificates/">California birth certificates</a> now offer multiple parental options. While there are still two spaces to list parents, the options include not only “mother,” and “father,” but also the gender-neutral “parent.” Additionally, these options can be listed in any combination.  Furthermore, birth certificates may be amended if the gender given at birth does not align with one’s gender later in life. </p>
<p>In large part we owe these rights to the <a href="https://www.eqca.org/sb179-leg/" rel="noopener" target="_blank">2017 Gender Recognition Act</a>. This law specifically enables “transgender, intersex and nonbinary people to obtain state-issued identity documents that accurately reflect their gender identity, making California the first state to not require people to officially identify as “male” or “female.” Instead, “non-binary” may be chosen. Importantly, this bill also streamlined the process to change one’s gender and name on identifying materials. This progressive law caused a domino effect around the country, with 11 states now boasting similar legislation. </p>
<p>Last year, AB 2490 built on this <a href="http://gayfamilylawcenter.com/how-obergefell-v-hodges-continues-to-inspire-local-legislation/">legislation</a>, so that it may be accessible to folks from all walks of life. Called “Increasing Access to Identification for People Experiencing Homelessness,” this bill removes the $25-$30 fees for homeless individuals when they apply to receive their birth certificate directly from the state. This seemingly small hurdle is actually quite large for those with few financial resources, and this bill helps to reduce it. Yet, fees are not the only barrier. It is also the norm to request birth certificate copies from the county in which one was born. However, for those without a home, they may not know their county of birth. Or if they do know their county of birth, it may not be possible for them to return, because “<a href="https://www.eqca.org/legislation-old/" rel="noopener" target="_blank">LGBTQ young people</a> are particularly likely to be experiencing homelessness as a result of family rejection, which can make it unsafe for them to return to their former homes to gain access to their identifying documents.”</p>
<p>Another bill passed last year, “<a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SCR110" rel="noopener" target="_blank">SCR-110 Sex characteristics</a>” also known as “Celebrating Intersex Infants and Families,” focuses not just on birth certificates &#8212; but also on medical procedures for newborns. As Equality California explains, “This resolution calls upon the medical community to discontinue medically unnecessary, nonconsensual, and often irreparably harmful sex assignment and genital “normalization” surgeries on intersex infants at birth. Instead, an intersex individual should decide for themselves whether to pursue surgery at all, at an age when informed consent is possible.” This is incredibly important both for intersex individuals, and also as a symbol of the right for one to have <a href="http://gayfamilylawcenter.com/obergefell-v-hodges-and-the-history-of-bodily-autonomy/">autonomy over their own body</a>. </p>
<p>California’s history of progressive LGBT legislation, whether for equitable birth certificates or other causes, is a community effort. It truly “takes a village,” including leaders such as: </p>
<ul>
<li>Individual Californians like <a href="http://gayfamilylawcenter.com/three-trailblazers-in-the-lgbt-rights-movement/">Miss Major and Evan Wolfson</a>, who have served as trailblazers and public advocates for LGBT rights.</li>
<li>Nonprofits such as Equality California and the National Center for Lesbian Rights, that push for LGBT rights in legislation.</li>
<li>California’s <a href="https://lgbtcaucus.legislature.ca.gov/" rel="noopener" target="_blank">LGBT caucus</a>, which ensures that the LGBT community has a voice in politics.</li>
<li>Countless community members, who participate in local organizing, which is exemplified by the fight for gay marriage in San Francisco and state-wide, which eventually played a large role in <a href="http://gayfamilylawcenter.com/obergefell-v-hodges-lgbt-marriage-equality-in-california/">Obergefell v Hodges</a>.</li>
</ul>
<p>Working together, we’ve been able to create progressive laws that lead the nation in LGBT equality. The <a href="http://gayfamilylawcenter.com/about-our-firm/">Gay Family Law Center</a>, based in Los Angeles,  is honored to be part of this incredible community. Through our family law practice, we advocate for LGBT individuals when it comes to adoption, LGBT divorce, estate planning, and more. If you’re seeking an attorney that has the LGBT community’s interests at heart, reach out to schedule a free, no-commitment consultation at our <a href="http://gayfamilylawcenter.com/west-hollywood/">West Hollywood</a> or <a href="http://gayfamilylawcenter.com/palm-springs/">Palm Springs</a> locations.</p>
<p>Photo by <a href="https://unsplash.com/@trfotos?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText" rel="noopener" target="_blank">Toni Reed</a> on <a href="https://unsplash.com/s/photos/lgbt?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText" rel="noopener" target="_blank">Unsplash</a></p>
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		<title>Gay Adoption &amp; Foster Care Laws in California</title>
		<link>http://gayfamilylawcenter.com/gay-adoption-foster-care-laws-in-california/</link>
		<comments>http://gayfamilylawcenter.com/gay-adoption-foster-care-laws-in-california/#comments</comments>
		<pubDate>Sun, 07 Jul 2019 13:53:02 +0000</pubDate>
		<dc:creator><![CDATA[gayfamilylawcenter]]></dc:creator>
				<category><![CDATA[LGBT Child Adoption]]></category>

		<guid isPermaLink="false">http://gayfamilylawcenter.com/?p=897</guid>
		<description><![CDATA[Gay Adoption &#038; Foster Care Laws in California In California, gay couples and individuals are legally treated virtually the same as straight couples and individuals when [&#8230;]]]></description>
				<content:encoded><![CDATA[<h1>Gay Adoption &#038; Foster Care Laws in California</h1>
<p class="post-published-date">July 7, 2019</p>
<p>In California, gay couples and individuals are legally treated virtually the same as straight couples and individuals when it comes to foster care and <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-adoption/">LGBT adoption</a>. However, this was not always the case. California has been a national leader in creating <a href="http://gayfamilylawcenter.com/how-obergefell-v-hodges-continues-to-inspire-local-legislation/">legislation for LGBT equality</a>. In this post, we’ll look at a few of the progressive laws that have supported LGBT families. </p>
<p>Any inquiry into <a href="http://gayfamilylawcenter.com/california-lgbt-adoption/">California adoption laws</a> should start with the California family code, where most of the basics are outlined. For example, this code states that those who may be adopted <a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&#038;sectionNum=9340" rel="noopener" target="_blank">include</a> “any unmarried minor child at least 10 years younger than their prospective adoptive parent or parents; any married minor or adult.” </p>
<p>One characteristic of California law that makes our state such an inclusive one regarding adoption, is the explicit prohibition of <a href="http://gayfamilylawcenter.com/what-is-lgbt-discrimination/">LGBT discrimination</a>. Today’s anti-discrimination laws have evolved from the 1959 <a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&#038;sectionNum=51" rel="noopener" target="_blank">Unruh Civil Rights Act</a>, which still stands. This law states that “All persons within the jurisdiction of this state are free and equal, and no matter what their <strong>sex</strong>, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, <strong>sexual orientation</strong>, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.” </p>
<p>While this language has been updated periodically, it continues to be a remarkably progressive piece of legislation. When it comes to adoption, it means that no adoption agency may discriminate against anyone based on their gender identity or sexual orientation. This is true even for religious-based adoption organizations. </p>
<p>More recently, other laws have supported equality in LGBT adoption and foster care. </p>
<p>In <strong>2003</strong>, the Foster Care Non-Discrimination Act put protections in place for both foster children and foster parents of various gender identities. Once again, California served as a <a href="http://www.nclrights.org/wp-content/uploads/2013/07/ab458_fact_sheet.pdf" rel="noopener" target="_blank">national leader</a>: “This law is the first of its kind in the United States to explicitly include protections for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth and adults involved with the foster care system.”</p>
<p>Support for transgender and genderqueer folks was again bolstered in <strong>2011</strong>, with California’s <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB179" rel="noopener" target="_blank">Gender Non-Discrimination Act</a>. One forward-thinking aspect to this law was the clarification that religious organizations could not discriminate in any way during any activity that was not strictly a religious duty. In other words, religious hospitals, businesses, <em>and adoption agencies</em> could not deny anyone their services, regardless of whether they are female, male, transgender, genderqueer, nonbinary, or another gender identity. </p>
<p>Support for gender diverse children in the foster care system was bolstered in <strong>2015</strong>, with SB 731. This bill, as <a href="https://www.eqca.org/sb-731-supporting-transgender-foster-youth/" rel="noopener" target="_blank">Equality California</a> explains, requires “that caregivers tasked with placing California foster youth in homes must take a young person’s gender identity into consideration when making housing decisions. The bill is designed to ensure that all foster youth, including those who identify as transgender, are placed in appropriate homes where they feel safe and accepted.” </p>
<p>Just last year, the LGBTQ Family Law Modernization Act of <strong>2018</strong> was passed. This catch-all law worked to update language and further ensure that “LGBTQ parents and their children have access to the same protections as any other families.” While this does impact adoption, it also impacts legislation concerning items such as <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-divorce/">LGBT divorce</a>, child support, <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-child-custody/">child custody</a>, and so on. This law will go into effect in 2020. </p>
<p>Another progressive <strong>2018 </strong>bill was the “<a href="https://www.aclunc.org/our-work/legislation/gender-health-foster-care-ab-2119" rel="noopener" target="_blank">Gender Health in Foster Care</a>” bill, which would ensure that the specific medical needs of transgender and genderqueer foster youth were taken into account. Specifically, it requires that “child welfare agencies must ensure access to clinicians who provide gender-affirming treatment consistent with established standards of care.”</p>
<p>Why such a strong focus on gender diverse youth in foster care and adoption? First, we know from <a href="https://www.hrc.org/blog/new-report-on-youth-homeless-affirms-that-lgbtq-youth-disproportionately-ex" rel="noopener" target="_blank">studies</a> by the Human Rights Campaign and other organizations that LGBT youth, particularly transgender and genderqueer youth, are more likely to face homelessness and unsafe home situations. Therefore, it’s critical that they have access to foster care and adoption services. Secondly, as we described in a previous post, the “Census Bureau <a href="https://www2.census.gov/cac/nac/meetings/2017-11/LGBTQ-families-factsheet.pdf" rel="noopener" target="_blank">reports</a> that nationally, “same-sex couples are […] at least 4 times more likely to adopt.” The same report also notes that LGBT families are “six times more likely to foster children.” Therefore, California adoption services should be designed to make that possible. </p>
<p>We are proud to live in a state that is a national leader in removing bias and discrimination from foster and adoption care services. Our team of <a href="http://gayfamilylawcenter.com/about-our-firm/">family law attorneys</a> is experienced in working with LGBT families who are looking to adopt. If you’re considering growing your family, <a href="http://gayfamilylawcenter.com/contact-us/">call us for a free consultation</a> to see if we’re the right fit for you and your family. </p>
<p>Image by <a href="https://unsplash.com/@irinamurza" target="_blank" rel="noopener">Irina Murza</a></p>
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		<title>What to Expect When Working With an LGBT Child Custody Attorney</title>
		<link>http://gayfamilylawcenter.com/what-to-expect-when-working-with-an-lgbt-child-custody-attorney/</link>
		<comments>http://gayfamilylawcenter.com/what-to-expect-when-working-with-an-lgbt-child-custody-attorney/#comments</comments>
		<pubDate>Tue, 07 May 2019 05:11:46 +0000</pubDate>
		<dc:creator><![CDATA[gayfamilylawcenter]]></dc:creator>
				<category><![CDATA[LGBT Child Adoption]]></category>
		<category><![CDATA[LGBT Divorce]]></category>
		<category><![CDATA[LGBT Miscellaneous]]></category>

		<guid isPermaLink="false">http://gayfamilylawcenter.com/?p=887</guid>
		<description><![CDATA[What to Expect When Working With an LGBT Child Custody Attorney Are you considering hiring an LGBT child custody attorney in Los Angeles? If so, this [&#8230;]]]></description>
				<content:encoded><![CDATA[<h1>What to Expect When Working With an LGBT Child Custody Attorney</h1>
<p class="post-published-date">May 7, 2019</p>
<p>Are you considering hiring an <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-child-custody/">LGBT child custody attorney</a> in Los Angeles? If so, this post will give you a quick overview of what to expect. As you may know, child custody involves two pieces: <a href="http://gayfamilylawcenter.com/common-custody-arrangements-for-divorced-lgbt-couples/">legal custody</a>, which is centered on the parent’s legal rights and responsibilities concerning the child; and physical custody, which is centered on where the child lives. Both are part of a larger <a href="http://gayfamilylawcenter.com/lgbt-parenting-agreements-in-the-case-of-divorce/">parenting plan</a>, which spells out all the details between parent-child relationships after a divorce. </p>
<p>Arranging child custody is never easy. To help ease this difficult time, here are a few things to keep in mind as you prepare to work with an attorney. </p>
<h2>Expect to talk about your family’s unique circumstances &#8212; even the difficult parts</h2>
<p>You likely have already guessed that you’ll need to discuss matters such as legal parentage. Which parent/s are biologically related to each child? Have the parent/s who aren’t biologically related completed a second-parent or <a href="http://gayfamilylawcenter.com/understanding-stepparent-adoption-for-non-biological-lgbt-parents/">stepparent adoption</a>? Do the children legally have any other parents, such as from a former relationship? </p>
<p>However, also prepare yourself to share information related to health and relationships. Do you or your spouse have any record of substance abuse? Have there ever been instances of child abuse? While culturally we may be more comfortable sweeping these topics under the rug, honesty is of utmost importance, to ensure a child custody plan that is best for the children. </p>
<h2>Expect to plan for the future</h2>
<p>Oftentimes during divorce, it can be tempting to focus solely on ending the relationship, with the goal to figure everything else out later. However, when child custody concerns are part of a divorce, planning for the future is an integral component. A main consideration will be the future living situation. This conversation will center on the question “what is in the <a href="http://gayfamilylawcenter.com/terms-lgbt-parents-should-know-when-preparing-for-divorce/">best interest</a> of the child?” This should take into account the school, hobbies, goals, and other aspects of the child’s life. </p>
<p>These details will all go into the creation of a <a href="http://gayfamilylawcenter.com/building-a-child-visitation-plan-for-lgbt-families/">parenting plan</a>, which will spell out not only custody, but also <a href="http://gayfamilylawcenter.com/navigating-visitation-rights-for-gay-families/">visitation rights</a>, child support, and more. This is particularly important if either spouse is planning to move out of state, or to another country. California has some of the country’s strongest laws protecting <a href="http://gayfamilylawcenter.com/gay-parental-and-child-custody-rights-in-california/">LGBT child custody rights</a>. However, a strong parenting plan that is signed <em>before either spouse moves out of state</em> can also be a strong legal tool.</p>
<h2>Expect to make difficult decisions</h2>
<p>As mentioned earlier, when determining child custody, the best interests of the child underlines every decision made. This can sometimes mean that the parents must make decisions that are difficult for them at a personal level. For example, it may be determined that joint legal custody and 50/50 physical custody is best for the children, giving them substantial time with both parents. However, this also means that the parents will need to live relatively close to one another, so that the children can attend the same school year-round. If one parent had considered taking a job in another city, or simply desired less interaction with the other parent, this takes a back seat to providing stability in the child’s life. </p>
<p>These are challenging conversations that can bring up a lot of emotions. A skilled LGBT child custody attorney can help guide you through these discussions in an efficient and more comfortable way, but it’s still a good idea to prepare yourself. If you’re considering hiring an LGBT child custody attorney, call us at 855- LAW &#8211; LGBT (855-529-5428) <a href="http://gayfamilylawcenter.com/contact-us/">to set up a free consultation</a> at either our Palm Springs or Hollywood locations. </p>
<p>Image by <a href="https://unsplash.com/photos/3CTufp-cpzo?utm_source=unsplash&#038;utm_medium=referral&#038;utm_content=creditCopyText" target="_blank" rel="noopener">Priscilla Du Preez</a></p>
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		<title>Understanding Stepparent Adoption for Non-Biological LGBT Parents</title>
		<link>http://gayfamilylawcenter.com/understanding-stepparent-adoption-for-non-biological-lgbt-parents/</link>
		<comments>http://gayfamilylawcenter.com/understanding-stepparent-adoption-for-non-biological-lgbt-parents/#comments</comments>
		<pubDate>Tue, 31 Jul 2018 09:43:28 +0000</pubDate>
		<dc:creator><![CDATA[gayfamilylawcenter]]></dc:creator>
				<category><![CDATA[LGBT Child Adoption]]></category>

		<guid isPermaLink="false">http://gayfamilylawcenter.com/?p=772</guid>
		<description><![CDATA[Understanding Stepparent Adoption for Non-Biological LGBT Parents In California, birth certificates can be labeled with any combination of mother, father, or the gender-neutral “parent.” However, many [&#8230;]]]></description>
				<content:encoded><![CDATA[<h1>Understanding Stepparent Adoption for Non-Biological LGBT Parents</h1>
<p class="post-published-date">July 31, 2018</p>
<p>In California, birth certificates can be <a href="http://gayfamilylawcenter.com/gay-parental-and-child-custody-rights-in-california/">labeled</a> with any combination of mother, father, or the gender-neutral “parent.” However, many LGBT parents are surprised to learn that even if they are listed on the birth certificate, non-biological parents also need to <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-adoption/">adopt</a> their child. In this post, we’ll outline one common type of adoption, known as a stepparent adoption. Please take note that this post is not legal advice. We <a href="http://gayfamilylawcenter.com/why-lgbt-couples-should-consult-a-lawyer-when-adopting-a-child/">advise</a> you to consult an attorney if you are considering an adoption. </p>
<h2>What is a stepparent adoption and who qualifies for it?</h2>
<p>Historically, stepparent <a href="http://gayfamilylawcenter.com/lgbt-adoption-in-california/">adoptions</a> were simply used when an individual wished to adopt their spouse’s child from a previous relationship. Although this remains the case for many families, that is not the only way that this type of adoption can be used. There are two main qualifiers. First, one parent must already legally be the parent of the child. Second, the adopting parent must be either married to, or a domestic partner of, the biological parent. For many LGBT families, this may occur in other situations than the one previously described. For example, perhaps a married lesbian couple used a sperm donor to have a child. Even if both mothers listed their names on the birth certificate, in this case, the partner who did <em>not</em> give birth would qualify for a stepparent adoption. </p>
<h2>Will we qualify if we are not married or in a domestic partnership?</h2>
<p>No, you will not. While many couples may be in a committed, long term relationship, only those who are married and/or in a <a href="http://gayfamilylawcenter.com/understanding-california-domestic-partnership-law/">domestic partnership</a> qualify for this type of adoption. However, if this isn’t the case for you, you may still qualify for what is called a “second-parent” adoption. In California, any person who has the consent of the biological parent, and who has shown that they have acted as a parent to the child, can petition for a second-parent adoption. This may be a long-term romantic partner of the parent, or perhaps it is a grandparent, aunt, or other close family member who plays a large role in caretaking. Alternatively, you can first marry or become domestic partnerships, and then apply for the stepparent adoption. </p>
<h2>Is there an expedited adoption process?</h2>
<p>Yes, an expedited process is available under certain conditions. In 2015, California passed the “Modern Family Act,” which modernized several aspects of family law. As part of this act, a simplified, expedited, and less costly stepparent adoption process was created. This process may be used when one parent gave birth, and was married to, or a domestic partner of, the other parent at the time of the birth, and there are no legal disputes (such as with a sperm donor). If this is the case, the birth parent is automatically a legal parent, and the non-birthing parent can qualify for the expedited adoption process. Those who qualify will experience lower fees, no home inspection, and no court appearance, among other benefits. However, if a judge finds any reason that those steps may be necessary in your case, you may still have to fulfill them. It is noteworthy that this expedited process only applies when one parent gives birth. It does not apply if one is simply biologically related to the child (such as being a sperm donor and utilizing a <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-surrogacy/">surrogate</a>). </p>
<h2>Do I need to complete a stepparent adoption even if I’m listed on the birth certificate?</h2>
<p>Any non-biological parent should legally adopt their child, even if they are listed on the birth certificate. This is particularly important for the LGBT community. As the National Center for Lesbian Rights <a href="http://www.nclrights.org/wp-content/uploads/2015/03/CA-simplified-adoption-FAQ.pdf" rel="noopener" target="_blank">explains</a>, “even though California provides many protections for non-biological parents who haven’t adopted, many states do not. You will still need an adoption to be able to safely travel or move outside of California.” While birth certificates may not legally be respected in other states, a court order by a judge must be honored. Therefore, an adoption is the strongest way to legally establish parentage. </p>
<p>Building your family is an exciting and heart-warming experience. At the Gay Family Law Center, <a href="http://gayfamilylawcenter.com/about-our-firm/">our attorneys</a> have extensive experience in navigating the ins and outs of LGBT family law, including adoption. We are here to ensure that all the legal processes are taken care of, and you can focus on creating memories with your child. Call us at (855) LAW-LGBT to schedule a free consultation at either our <a href="http://gayfamilylawcenter.com/palm-springs/">Palm Springs</a> or <a href="http://gayfamilylawcenter.com/west-hollywood/">West Hollywood</a> locations. </p>
<p><a href="https://unsplash.com/photos/uaQpinemVoo" target="_blank" rel="noopener">Photo</a> by <a href="https://unsplash.com/@neonbrand" target="_blank" rel="noopener">neONBRAND</a></p>
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		<title>California LGBT adoption</title>
		<link>http://gayfamilylawcenter.com/california-lgbt-adoption/</link>
		<comments>http://gayfamilylawcenter.com/california-lgbt-adoption/#comments</comments>
		<pubDate>Fri, 30 Mar 2018 19:44:24 +0000</pubDate>
		<dc:creator><![CDATA[gayfamilylawcenter]]></dc:creator>
				<category><![CDATA[LGBT Child Adoption]]></category>

		<guid isPermaLink="false">http://gayfamilylawcenter.com/?p=676</guid>
		<description><![CDATA[California LGBT adoption Adopting a child is wonderful experience. However, it can also be highly complex, particularly for LGBT individuals and couples. In this post, we’ll [&#8230;]]]></description>
				<content:encoded><![CDATA[<h1>California LGBT adoption</h1>
<p class="post-published-date">March 30, 2018</p>
<p>Adopting a child is wonderful experience. However, it can also be highly complex, particularly for LGBT individuals and couples. In this post, we’ll cover a few of the many aspects that makes California a unique place for <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-adoption/">LGBT adoption</a>. </p>
<h2>What makes LGBT adoption unique?</h2>
<p>The LGBT community has different adoption and foster parent trends than the overall U.S. population. For example, the Census Bureau <a href="https://www2.census.gov/cac/nac/meetings/2017-11/LGBTQ-families-factsheet.pdf" rel="noopener" target="_blank">reports</a> that nationally, “same-sex couples are […] at least 4 times more likely to adopt.” The same report also notes that LGBT families are “six times more likely to foster children.” This is notable because, in many cases, families begin with foster care and move on to adopt their foster children. That said, there are in fact several different types of adoption, which we’ll note below. </p>
<p>Additionally, though gay marriage is now legal nationwide, the LGBT community still faces discrimination in adoption, and there continues to be some regulations affecting LGBT folks in particular, particularly regarding international adoption. Therefore, it is advisable for LGBT folks to consult an experienced attorney <a href="http://gayfamilylawcenter.com/why-lgbt-couples-should-consult-a-lawyer-when-adopting-a-child/">when considering adopting</a>. </p>
<h2>What makes adoption in California unique?</h2>
<p>Though detailed statistics on LGBT adoption are not widely available at the state level, there are some interesting state vs national adoption trends overall. For example, individuals (as compared to couples) are more likely to adopt in California than nationwide:  <a href="https://www.acf.hhs.gov/sites/default/files/cb/family_structure2014.pdf" rel="noopener" target="_blank">28.3%</a> of CA adoptions are by single females, while single males make up 4.6% of CA adoptions. Compare this to 26.5% and 3.2% nationally. </p>
<p>In California, adoptions are governed by what is called the “Family Code.” Though we cannot go into an in-depth discussion here, there are many pieces of this legislation that are unique to California. Let’s take a look at a few examples. </p>
<p>There are several types of adoptions in California, and each one has a different required steps, and in some cases, different rules and regulations. These <a href="http://www.courts.ca.gov/documents/adopt050info.pdf" rel="noopener" target="_blank">include</a>:</p>
<ul>
<li><strong>Stepparent or domestic partner adoption</strong> (most often when a stepparent adopts a child from another marriage)</li>
<li><strong>Adoption of an Indian/Native American</strong> (where additional rules and requirements must be followed)</li>
<li><strong>Agency adoption</strong> (where a licensed organization controls the adoption process)</li>
<li><strong>Independent adoption</strong> (where the birth parent/s choose the adoptive parents themselves, and the parties navigate the process without an agency) </li>
<li><strong>International adoption</strong> (where a child is adopted from another country)</li>
</ul>
<p>Even within these categories, there are nuances in how a potential parent must proceed, as well as varying levels of communication between the birth parent(s) and adoptive parent(s). For example, when going through an agency, potential adoptive parent(s) will be carefully screened. After the child is placed with a new family, it may still be six months or more until the adoption is finalized. This process differs if you are adopting a child from another country, or adopting directly from the birth parents. </p>
<p>Though these categories are relatively common in other states, California has many laws governing the adoption process that are unique. For example, <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB274" rel="noopener" target="_blank">a law passed in 2013</a> changed the requirements of birth parents giving their child up for adoption. In the past, the birth parents waived all rights and responsibilities when the child was adopted. In the new law, “the termination of the parental duties and responsibility of the parent or parents may be waived if both the parent or parents and the prospective adoptive parent or parents sign a waiver at any time prior to the finalization of the adoption.” In other words, if all parties agree, the birth parents can have some contact with the child throughout their life. This can have significant ramifications on your child’s life, and is one of the many items to consider when adopting</p>
<p>In this post, we’ve barely scratched the surface of what makes LGBT adoption unique in California. Adopting a child is not as simple as filling out a few forms&#8211;navigating the adoption journey takes time. LGBT folks are also more likely to face discrimination and other barriers. Our attorneys, based in the Los Angeles area, and serving LGBT individuals and families in <a href="http://gayfamilylawcenter.com/west-hollywood/">West Hollywood</a>, <a href="http://gayfamilylawcenter.com/palm-springs/">Palm Springs</a>, and beyond, are skilled in navigating LGBT adoptions. <a href="http://gayfamilylawcenter.com/contact-us/">Contact us</a> for a free consultation to see if we may be the right firm for your adoption journey. </p>
<p>Photo by <a href="https://unsplash.com/@cristian_newman?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText" rel="noopener" target="_blank">Cristian Newman</a> on <a href="https://unsplash.com/s/photos/man-with-baby?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText" rel="noopener" target="_blank">Unsplash</a></p>
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		<title>Why LGBT Couples Should Consult A Lawyer When Adopting A Child</title>
		<link>http://gayfamilylawcenter.com/why-lgbt-couples-should-consult-a-lawyer-when-adopting-a-child/</link>
		<comments>http://gayfamilylawcenter.com/why-lgbt-couples-should-consult-a-lawyer-when-adopting-a-child/#comments</comments>
		<pubDate>Wed, 05 Apr 2017 08:59:58 +0000</pubDate>
		<dc:creator><![CDATA[gayfamilylawcenter]]></dc:creator>
				<category><![CDATA[LGBT Child Adoption]]></category>

		<guid isPermaLink="false">http://gayfamilylawcenter.com/?p=564</guid>
		<description><![CDATA[Why LGBT Couples Should Consult A Lawyer When Adopting A Child For some LGBT couples and individuals that wish to start a family, adoption is the [&#8230;]]]></description>
				<content:encoded><![CDATA[<h1>Why LGBT Couples Should Consult A Lawyer When Adopting A Child</h1>
<p class="post-published-date">April 5, 2017</p>
<p>For some LGBT couples and individuals that wish to start a family, adoption is the best option. Whether it’s because you’d like to provide a home for one of the many children who need shelter, or you believe that it’s a better fit for you than surrogacy, there are many compelling reasons to adopt. </p>
<p>Though some choose to pursue adoption on their own, having legal counsel ensures that your experience will be efficient, successful, and enjoyable. </p>
<p>Below are a few reasons why our clients choose to utilize an attorney to assist them on their <a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-adoption/">adoption</a> journey. </p>
<h2>To help plan the timing of your adoption</h2>
<p>Our attorneys are familiar with the types of situations that may help or hurt your cause. We’ll work with you to time your adoption to ensure optimal results. </p>
<p>For example, you may want to consider your current and future career trajectory. How long have you had your job? Is the income predictable and steady? Are you planning any major career changes? You’ll want to adopt during a time when your income is secure, and you’re not expecting any big shifts in employment that will cause undue stress, an unpredictable workload, or financial insecurity. </p>
<p>Another example of a topic we’ll cover is whether you’re expecting any significant life events. Are you planning to move to buy a home? Or perhaps you or your partner are considering going back to school. Big life changes like these are exciting, but you may want to time your adoption after you’ve had time to adjust. </p>
<h2>To ensure your legal relationship status corresponds with the type of adoption you’re seeking</h2>
<p>There are various types of adoption depending on several factors, including but not limited to: </p>
<ul>
<li>Whether an individual or a couple is adopting</li>
<li>If a couple is adopting, the legal relationship between them, be it marriage, <a href="http://gayfamilylawcenter.com/understanding-california-domestic-partnership-law/">domestic partnership</a>, or other relationship.</li>
<li>The child’s relationship, if any, to either of the future parents.</li>
</ul>
<p>Each type of adoption has different processes and requirements, which our attorneys can walk you through. To learn more about various types of adoption, see our earlier blog post titled <a href="http://gayfamilylawcenter.com/lgbt-adoption-in-california/">LGBT Adoption in California</a>. </p>
<h2>To assist in gathering the correct “evidence”</h2>
<p>The success of your adoption application is in part based on an assessment, also known as a “<a href="https://www.childwelfare.gov/topics/adoption/preplacement/preparing-families/homestudy-assessment/" target="_blank">homestudy</a>” that considers whether you are prepared to care for a child. Our attorneys are familiar with what you can expect, and will guide you as you prepare for this evaluation. </p>
<p>We’ll discuss with you some of the major items that will be considered, and help you decide whether you need to make any changes before you attempt the adoption. For example, you’ll likely be asked about your physical and mental health. If you’re expecting major surgery or in need of any medical treatment, it could be wise to ensure those items are taken care of in advance. </p>
<p>You may also be asked about your current financial status, criminal history, and social history, such as your involvement in clubs, organizations, volunteering, and so forth. Taking the time to prepare materials showing your positive preparation for becoming a parent is well worth the effort. </p>
<h2>To ensure you do not stumble into organizations that may use a “religious discrimination” claim</h2>
<p>If you pursue adoption outside of the state of California, you are more likely to encounter adoption agencies that may claim they have the “right” to refuse to serve you because they are a religious organization. This is what’s known as a “religious discrimination” claim. This is <a href="http://www.lgbtmap.org/equality-maps/foster_and_adoption_laws" target="_blank">banned</a> in California, Oregon, and several other states, but most states are silent on the issue. </p>
<p>Though California has relatively strong anti-discrimination laws, you may still face some hidden barriers, as not all adoption agencies are equally accommodating to the LGBT community. We’re familiar with the landscape of adoption agencies, and can refer you to ones that are both efficient and welcoming to LGBT couples and individuals. </p>
<p>Bringing a child into your family is an astounding, life-changing experience. Our attorneys can help make your adoption dream a reality.</p>
<p><a href="http://gayfamilylawcenter.com/contact-us/">Contact us</a> to learn more.</p>
<p>Photo by <a href="https://unsplash.com/@tjsocoz?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText" rel="noopener" target="_blank">Tim Bish</a> on <a href="https://unsplash.com/s/photos/adopting-a-child?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText" rel="noopener" target="_blank">Unsplash</a></p>
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		<title>LGBT Adoption in California</title>
		<link>http://gayfamilylawcenter.com/lgbt-adoption-in-california/</link>
		<comments>http://gayfamilylawcenter.com/lgbt-adoption-in-california/#comments</comments>
		<pubDate>Wed, 01 Mar 2017 16:06:44 +0000</pubDate>
		<dc:creator><![CDATA[gayfamilylawcenter]]></dc:creator>
				<category><![CDATA[LGBT Child Adoption]]></category>
		<category><![CDATA[Obergefell v Hodges]]></category>

		<guid isPermaLink="false">http://gayfamilylawcenter.com/?p=548</guid>
		<description><![CDATA[LGBT Adoption in California Adopting a child can be one of the most rewarding experiences of a lifetime. When it comes to starting a family, many [&#8230;]]]></description>
				<content:encoded><![CDATA[<h1>LGBT Adoption in California</h1>
<p class="post-published-date">March 1, 2017</p>
<p><a href="http://gayfamilylawcenter.com/lgbt-services/lgbt-adoption/">Adopting a child</a> can be one of the most rewarding experiences of a lifetime. When it comes to starting a family, many LGBT couples and individuals choose this option. </p>
<p>Historically, adoption hasn’t always been easy for the LGBT community. Before 2015, many states banned LGBT folks from adopting children, either due to legal barriers, because of discrimination, or both. Since state law often favored married couples in the adoption process, states that did not allow LGBT couples to marry were particularly challenging, if not impossible, for caring would-be parents to adopt children desperately in need of homes. </p>
<p>In 2015 when gay marriage became legalized nationwide with <em><a href="http://gayfamilylawcenter.com/obergefell-v-hodges-understanding-marriage-equality-in-america/">Obergefell v. Hodges</a></em>, the adoption process became significantly more accessible, and was simplified for LGBT couples in many states. </p>
<p>However, the legal landscape is still in development. There have been some positive changes, such as the V.L. v E.L. ruling in March 2016 that <a href="http://www.scotusblog.com/case-files/cases/v-l-v-e-l/" target="_blank">found</a> that states must recognize the validity of adoptions made in other states, regardless of the sexual orientation of the parents. Yet, there have also been some setbacks, such as the “religious freedom” rulings we’ll discuss below. </p>
<p>To consider what type of adoption might work for you, there are a few questions to begin with. </p>
<h2>Who is adopting?</h2>
<p><strong>Stepparent adoption:</strong> When an individual already has a child (whether adoptive or biological), then marries, the new spouse may petition to adopt the child. Before Obergefell v. Hodges, many couples found this option out of reach if the state they resided in did not recognize gay marriage. Now, <a href="http://www.lgbtmap.org/equality-maps/foster_and_adoption_laws" target="_blank">no states</a> may deny stepparent adoption on the basis of sexual orientation if the couple is married. However, each state still has different laws spelling out requirements such as how long the couple has been married, whether a home study is needed, and so forth. </p>
<p><strong>Second-parent adoption:</strong> This is similar to stepparent adoption, but for couples that are not married. Currently, many laws are hazy when it comes to LGBT couples that are in a domestic partnership, or those with no legal relationship. Only seven states legally bar discrimination in adoption based on sexual orientation, including California, Oregon, Wisconsin, New York, Maine, Rhode Island, and New Jersey. Most other states are silent on the issue. </p>
<p><strong>Joint adoption:</strong> Also known as “couples adoption,” joint adoption is “<a href="http://www.familyequality.org/get_informed/families_for_all/50_states_of_adoption/" target="_blank">when</a> two people petition to adopt a child together at the same time,” whether the couple is married, in a domestic partnership, or in a long-term relationship. As with stepparent adoption, all states are now required to recognize the validity of marriages regardless of whether they are same- or different-sex, but couples that are not married may face extra barriers. </p>
<p><strong>Individual adoption:</strong> This type of adoption occurs when a single person adopts a child. It generally occurs when the individual is neither married nor in a domestic partnership. </p>
<h2>How much information would you like to give and receive?</h2>
<p>These three types of adoptions clarify the amount and type of information that is shared between the birth mother and the adoptive parent(s).</p>
<p><strong>Open adoption:</strong> In open adoptions, a significant amount of information is exchanged, such as names, health history, and photos. Often, the birth parents also meet potential adoptive parents, and may arrange for future visitation rights. In open adoptions, the decision lies in the hands of the birth parents, which can either be an advantage if the birth parents do not discriminate, or a source of heartbreak if they do. </p>
<p><strong>Semi-open adoption:</strong> Slightly less information is shared in these cases, and the information may go through a third party. It generally does not include future visitation. </p>
<p><strong>Closed adoption:</strong> Though becoming uncommon, some families do still prefer that no information be shared. It may be difficult to arrange for closed adoptions, as it is much less popular. </p>
<h2>Who would you like to arrange the adoption?</h2>
<p><strong>Independent, private agency, and public agency adoptions:</strong> In a nutshell, agency adoptions mean that the potential parent(s) utilize a private adoption organization that helps facilitate the adoption process. A public agency, in comparison, is an organization that is run by a government institution. Those that opt for an independent adoption use neither type of agency, and typically have the help of an attorney. </p>
<h2>“Religious Freedom” discrimination</h2>
<p>In some states, adoption centers with a religious mission may legally deny LGBT couples the chance to adopt. <a href="http://www.lgbtmap.org/equality-maps/foster_and_adoption_laws" target="_blank">Currently</a>, North Dakota, Michigan, and Virginia explicitly allow for this type of discrimination. In other states, this type of discrimination is less clear, apart from the aforementioned seven states that ban discrimination in adoption based on sexual orientation. </p>
<p>In closing, adoption by LGBT couples or individuals is a nuanced and delicate process. Though significant process has been made, we still have work to do until true equality is reached. Our attorneys are skilled at navigating the legal complexities of LGBT adoption, and will ensure that your family, and your future family, is well cared-for.</p>
<p><a href="http://gayfamilylawcenter.com/contact-us/">Contact us</a> for more information.</p>
<p>Photo by <a href="https://unsplash.com/@shalevcohen?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText" rel="noopener" target="_blank">Shalev Cohen</a> on <a href="https://unsplash.com/s/photos/man-carrying-baby?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText" rel="noopener" target="_blank">Unsplash</a>	</p>
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		<title>How An Expert LGBT Attorney Can Increase Your Chances of Adopting a Child</title>
		<link>http://gayfamilylawcenter.com/how-an-expert-lgbt-attorney-can-increase-your-chances-of-adopting-a-child/</link>
		<comments>http://gayfamilylawcenter.com/how-an-expert-lgbt-attorney-can-increase-your-chances-of-adopting-a-child/#comments</comments>
		<pubDate>Mon, 16 Mar 2015 04:41:41 +0000</pubDate>
		<dc:creator><![CDATA[Jason Wright]]></dc:creator>
				<category><![CDATA[LGBT Child Adoption]]></category>

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		<description><![CDATA[How An Expert LGBT Attorney Can Increase Your Chances of Adopting a Child Parenthood is a journey every couple wishes to embrace. Those small little hands, [&#8230;]]]></description>
				<content:encoded><![CDATA[<h1>How An Expert LGBT Attorney Can Increase Your Chances of Adopting a Child</h1>
<p class="post-published-date">March 16, 2015</p>
<p>Parenthood is a journey every couple wishes to embrace. Those small little hands, cute smile and chubby cheeks are reasons enough to cuddle up to the thought of being a parent. And for those couples who are looking to adopt a child due to other causes, then it is a long process with a fruitful end.</p>
<p>There are cases when one is not able to get adoption rights of the kid. Biggest challenge is faced by gay and lesbian couples who have strong desires to raise a kid. Laws in their case are very stringent and tough to crack. And in such circumstances gay or <a title="We Specialize in Same-Sex Adoption for LGBT Couples in California" href="http://gayfamilylawcenter.com/lgbt-services/lgbt-adoption/"><strong>same sex adoption attorney</strong></a> comes to rescue.</p>
<p>Given the increase in number and acceptability of gay, lesbian or same sex marriages, these new couples are prospective adoptive parents. The only hurdle is whether their country or state accepts same <a title="LGBT Adoption Laws California" href="http://www.lifelongadoptions.com/lgbt-adoption-resources/lgbt-adoption-laws/california" target="_blank">sex marriages and law relating to adoption</a> for them.</p>
<p>For lesbian couples, one of the partners can give birth with both the parents then legally become parents. Gay men have to use surrogacy wherein child is conceived via one of the partner’s sperm carried by a surrogate mother.</p>
<p>The only but’ to tackle is the legal tangle. And having an attorney by your side can positively increase chances of adopting a child. It is preferred to seek legal help and advice, especially if you are a gay or lesbian couple.</p>
<p>There are several human rights activists and agencies that are fighting for equal parenting rights across the globe. Thanks to their effort many state in the US has accepted gay and lesbian unions making it easier for them to adopt.</p>
<p>First and foremost thing to be considered is how you wish to adopt.</p>
<p>There are several agencies that facilitate adoption. Or you would hire an adoption lawyer to start the process. Starting search from a public or private agency can be tough task since each one has different set of rules and regulations. And it differs from country to country as well as city to city. Wonder how many manuals one will have to read even before visiting these centers for adoption.</p>
<p>An adoption attorney is a legal expert who knows tricks and laws of adoption. It is advisable to seek their help and support.</p>
<p>Benefits of hiring an expert LGBT adoption attorney</p>
<p>With an initial conversation with the couple, a lawyer undertakes the process of finding an adoption agency and starts the search on your behalf. They scrutinize the process, detect loopholes and finds a way to work out the deal. In case if a particular place disregards such marriages and couples, they can look for legal acts that can help in such cases Full paperwork and proper processes are followed when an gay or lesbian couples hire attorney Educate a couple regarding the rules and legal practices involved in adopting Increased chances of getting adoption rights Process is simplified and streamlined saving ones times and energy Protection in case one travels or relocated to a country that does not accept gay or same sex relationships</p>
<p>Why should gay or same sex couple be given right to adopt?</p>
<p>This set of new age couple who are potential parents can provide a homely environment to small children. It is better than they staying in foster homes or adopting agencies. An attorney can help in connecting with places where adopting can be easy and hassle free. He will guide you through the whole process.</p>
<p>Photo by <a href="https://unsplash.com/@jrlawrence?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText" rel="noopener" target="_blank">Jeremiah Lawrence</a> on <a href="https://unsplash.com/s/photos/man-and-child?utm_source=unsplash&amp;utm_medium=referral&amp;utm_content=creditCopyText" rel="noopener" target="_blank">Unsplash</a></p>
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