|
Whether or not a same-sex couple can adopt depends on the context in which the couple seeks to adopt a child. The first context is commonly referred to as a “co-parent” adoption, analogous to a step-parent adoption. The second context is the more common type of adoption, one in which the same-sex couple seeks to adopt a child together.
Colorado does not permit “co-parent” adoptions, where one partner in a same-sex relationship seeks to adopt the legal or biological child of the other partner. In a 1996 case, the Colorado Court of Appeals refused to allow two lesbians to adopt each others’ children because the children were not “available for adoption.” In re T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996). The children were not “available for adoption” based on the fact that their mothers did not terminate their parental rights to their respective children. Because a same-sex partner does not fit in the definition of a “spouse” under the statutes governing adoptions in Colorado, a same-sex partner cannot adopt a child as a step-parent could. Furthermore, in recent years, proposed legislation in Colorado to expand the adoption statutes to include such “co-parent” adoptions have failed.
In a scenario where a same-sex couple seeks to adopt a child together, whom neither of them is legally or biologically related to, the adoption statutes are unclear. Under the “Who May Adopt” provision of the adoption statutes, same-sex couples are not explicitly granted or denied the privilege to adopt children together. In fact, the statute is completely silent on this issue. Although anecdotal evidence exists that certain district Courts will grant these types of adoptions to same-sex couples, if challenged in a higher court, the adoption may not stand. In T.K.J., the Court of Appeals also stated that any form of adoption not expressly permitted under the adoption statutes, are forbidden.
On the other hand, Colorado does allow gay men and lesbians to adopt children if they do so independently of their same-sex partner, assuming they have a partner. In fact, Colorado willingly allows GLBT people to adopt children, whether or not the adopting parent is in a homosexual relationship. However, if a GLBT person does adopt a child and has a partner, the child will only have a legal relationship with the individual who legally adopted the child. So, despite Colorado’s current stance not permitting same-sex couple adoptions, gay and lesbian individuals can adopt children.
Those who fall in this category, who are interested in pursuing this further, should be sure to contact an experienced domestic relations attorney for legal advice about their options.
Back to Articles & Links
|
|
