What are the Federal Restrictions on Second-Partner Adoptions?
Q: Dear Lara,
My partner and I live in Houston. We have 16-month-old twin boys. I am the biological mother, via donor insemination using an unknown donor.
We finally have the money to go forward with a second-parent adoption. Will my partner be recognized as the adoptive parent of our children for Social Security and other federal programs once the adoption process is complete?
I want to make sure my partner has all the rights she needs as a legal parent. I am anxious to learn everything I need to know about this.
Thank you,
Kristin
A: Dear Kristin:
Congratulations on your twin sons! A second-parent adoption will help to ensure your family’s security in the future, and is a very wise step to take.
Legally adopted children — including children of same-sex couples — are recognized as the children of both parents by the Social Security program. By formalizing her relationship with the twins through adoption, your partner will make them eligible for “surviving child” payments in the event that she passes away during their childhood (assuming that she works outside the home and pays into Social Security).
Because so-called “surviving parent” payments are available only to a parent caring for the child of a deceased “spouse,” however, and the Defense of Marriage Act currently excludes you from the definition of spouse, your family would not be eligible for “surviving parent” benefits. This is an unfortunate example of how misguided the so-called “Defense of Marriage Act” really is. It defends no one, and punishes children for their parents’ sexual orientation.
HRC is working to make sure that improvements to the Social Security system will include all families, including yours.
In the meantime, we strongly encourage you to consult an attorney who specializes in gay, lesbian, bisexual and transgender family law. In addition to helping you with the second-parent adoption, they can help make sure you’ve taken every step available to protect your entire family.
Best,
Lara Schwartz
Schwartz is senior counsel for the Human Rights Campaign.
March 4, 2005.