By Meghan Serceki
November is National Adoption Month in the United States, a time for us to grow an understanding and appreciation of the adoption process and for those who have been impacted by adoption. Adoption is an important practice for the LGBTQ+ community, as it allows couples who may not be able to conceive traditionally to start a family and provide a good and fulfilling life to their child. Unfortunately, these individuals face many barriers to accessing this resource.
Adoption comes in many forms, be it through the child welfare system, second-parent adoption, private adoption, international adoption, or the like. Each of these comes with its own set of challenges and obstacles for LGBTQ+ couples. This article focuses ondomestic adoption through agencies — that is, the adoption of infants or children within the United States through state-licensed adoption agencies. These agencies receive public funds and are therefore subject to state and federal laws. In a sense, they are representations of what parental rights the government sees fit to protect.
LGBTQ+ individuals throughout the country were rejected from adoption applications solely because of their homosexuality until 1978, when New York was the first state to stop this discrimination. However, the last state to do so, Florida, only put it into law in 2010, demonstrating this great battle that was only the beginning of the fight for the parental rights of same-sex couples.
Still, loopholes to these protections existed, and there was very little focus on the rights of trans* individuals, a term which encompasses all gender identities. Family Equality states that adoption agencies still could require prospective parents be married, effectively excluding same-sex couples in certain states from consideration up until the federal legalization of gay marriage in 2015. It was not until 2017 that both same-sex parents earned the right to be legally recognized as parents. According to Family Equality’s guest writer, Dana Rudolph, the impacts of this “goes doubly for transgender parents, about whom much less has been written.”
Still, with all these laws and protections, and all the progress that has been made, adoption agencies in many states can claim religious freedom as a reason to reject hopeful parents simply for being LGBTQ+. In the argument for religious freedom, it is important to note that the agencies in question are state-licensed, that they are funded by the state and receive special benefits because of this status. They are not private religious companies but essentially extensions of public programs.
The Movement Advancement Project tracks protections against discrimination in the adoption process state-by-state. Their most recent data finds that the majority of states do not provide full protections, some with no explicit state statutes against discrimination, others allowing agencies to make decisions based on their religious affiliations, and more providing protections for same-sex couples but not limiting discrimination based on gender identity.
Adopting a child is not a decision one makes lightly. It is done out of a deep desire to care for a child, to start a family, and to provide for that family emotionally, physically, and financially. LGBTQ+ individuals have fought for the right to even be considered as parents and to take on this responsibility. The discrimination did not end in 1978 when New York passed the first statute. It did not end in 2017 when same-sex couples were both able to be recognized as parents. And in the 43 years since this legal battle began, trans* individuals have not been made a priority in this important discussion. We must continue this fight not only for those in same-sex relationships but for all those with identities which challenge the heteronormative system.