Navigating the Legal Landscape Of LGBTQ+ Adoption

The word “family” is becoming increasingly inclusive. No longer just the domain of a male-female partnership, all people from all walks of life, beliefs, genders and sexualities are now able to start a family, whether they are alone or in a partnership, to nurture and care for children and build a loving family of their own.

For LGBTQ+ individuals, there are many options available for starting a family and one popular route is adoption. This can be a challenging and complex process, but by employing the services of a firm with deep links to the LGBTQ+ community and family law in Albuquerque (, you will benefit from the invaluable guidance, peace of mind and reassurance that comes with this connection.

Legal hurdles that must be overcome

Although many of the discriminatory laws relating to LGBTQ+ adoption have been overturned [1], individuals and couples who are part of this community may still face bias, prejudice and other barriers when attempting to adopt a child into their family. In today’s political climate, the future of LGBTQ+ rights are unclear.

It is important that those embarking on the adoption journey recognize that they may face challenges based on their gender or sexual preference. However, with the help of a dedicated family law attorney, they will be able to navigate these hurdles and enjoy equal access to the adoption process to which they are entitled. 

There are several options available when it comes to adoption, and it is sensible to consider which will best satisfy your individual needs to expedite the process of welcoming a child into your family.

Agency adoption

There are many reputable adoption agencies in and around New Mexico that welcome applications from those in the LGBTQ+ community and these agencies will ensure that all applicants are treated fairly and without discrimination while they are pursuing this route to build their family. 

These agencies will have a thorough understanding of the children who are available for adoption, both within and outside the state of New Mexico, and they will provide the necessary support to place each child in a secure and loving home that is capable of meeting all their needs. They will always prioritize the best interests of the child when they are making their placement decisions. 

Private adoption

With a private adoption, the prospective parents will connect directly with the child’s birth parent(s). In this situation, they will need their attorney to prepare all necessary contracts and procedures for the birth parents to relinquish their parental rights and transfer them to the new parents.

Second parent adoption

Second parent adoption is the way in which a member of the LGBTQ+ community can assume parental responsibility for their partner’s child. This typically involves what’s called a “confirmatory” adoption or stepparent adoption whereby one parent is the biological parent of the child who is conceived using assisted or artificial reproduction. The nonbiological parent will then petition the court to become the child’s other legal parent.

Legal protections for prospective LGBTQ+ parents

Adopting a child is a legal and responsible way of creating a family. It gives a child in need a secure and loving home and it provides the new parents with the family they desire when they are unable to biologically conceive a child. In today’s legal and political climate, it is highly recommended that any person not biologically related to the child adopt the child.

Although the law in the state of New Mexico [2] allows same-sex couples and transgender and intersex individuals to adopt a child, there are other places around the world that do not yet permit this type of adoption. Therefore, it is recommended that members of the LGBTQ+ community who wish to adopt a child either adopt one within New Mexico or ensure that the place they wish to adopt from allows children to be placed with a queer family before they pursue their application.

It is wonderful news for members of the LGBTQ+ community that adoption is a viable and legal way of establishing a family in the state of New Mexico. Adoption allows individuals who cannot or do not wish to biologically bear a child to provide a loving home to a child in need. 

A family law firm with experience handling LGBTQ+ adoption cases will be well placed to support prospective parents in navigating the complexities of the legal landscape, ensuring that specialist advice is provided, legal parentage is established and that the rights and well-being of parents and adoptive children are protected now and in the future. When you choose the Law Office of Dorene A. Kuffer to provide the legal assistance needed to establish your family through adoption, you will benefit from our expertise, LGBTQ+ advocacy and support in starting your family. To find out more about our services and how we can help you adopt, contact us today.