Another legal hurdle for glbtq adoptive parents is the fact that a number of states make it impossible for same-sex partners to both be considered legal parents of the same child, even if the child is the biological offspring of one of them. Second-parent adoptions have been approved by state Supreme Courts or appellate courts in California, Connecticut, Illinois, Massachusetts, New Jersey, New York, and Washington, D. C., while lower courts have approved them in sixteen other states.

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Joint adoptions, whereby both members of a couple simultaneously become parents of a child, are allowed in New Jersey, New York, Washington D. C., and some parts of California. The existence of joint or second-parent adoptions is vitally important for same-sex couples and their children. Only by having their parental rights explicitly recognized by the courts can these parents be sure that in the case of a separation or the death of one of the partners will one of the couple be able to care for their child. For gay male couples, who are unable to give birth to children, these adoption arrangements are the only way they can build a family in the many states where surrogacy is illegal.

The status of these laws is in flux. For instance, a recent lower-court case in California would have invalidated all second-parent adoptions, but this ruling was reversed by the California Supreme Court. And in 1999, a legislative measure ended New Hampshire's prohibition on adoption and foster parenting by homosexuals that had been in effect for over a decade. Connecticut courts had explicitly held that second-parent adoptions by gay and lesbian couples are not permitted, but legislation reversed that decision in 2000.

Florida's ban on adoption by homosexuals was upheld by a federal appeals court, but may receive further court review. The recent decision in Lawrence v. Texas overturning same-sex sodomy laws may have a significant effect on this case and on other cases challenging state laws prohibiting adoption by same-sex couples. Moreover, since Florida permits homosexuals to serve as foster parents, and frequently relies on gay men and lesbians to foster children who are particularly difficult to place, their ban on adoption seems difficult to defend.

States that prohibit adoptions by gay and lesbian individuals, same-sex couples, or unmarried couples, as well as those that make these processes difficult, often claim that they are applying "the best interests of the child" standard. They claim that growing up without a parent of one sex or in an unmarried home will lead to immoral, unhealthy, or criminal adults, despite the 1995 American Psychological Association report showing that same-sex parents raise children that are just as happy and healthy as those of heterosexual parents. However, prohibiting gay and lesbian individuals and couples from adopting means that many children will grow up without loving families and caring homes.

In 2006, the Evan B. Donaldson Adoption Institute issued a report that strongly supported the rights of gay men and lesbians to adopt and urged that remaining obstacles be removed. "Laws and policies that preclude adoption by gay or lesbian parents disadvantage the tens of thousands of children mired in the foster care system who need permanent, loving homes," the Institute concluded.

At the same time, however, the Roman Catholic Church has begun pressuring Catholic Charities to end its century-old adoption programs in Massachusetts and California rather than comply with laws banning discrimination against gay men and lesbians.

Adult Adoptions

Although adoption typically involves the addition of a minor child to a family, adoption has also historically served as a means of facilitating the disposition of property by individuals who would otherwise die without an heir. In many cases, the adoptees were adults, who sometimes agreed to carry on the family name of the adopter.

Gay male and lesbian couples have sometimes used adult adoption to create legally recognized relationships. Adoption of one partner by another not only assures property distribution in the case of death of one of the partners, but also confers a next of kin relationship that facilitates making decisions concerning health care and other matters.

While some courts have permitted adult adoptions by individuals involved in a gay or lesbian relationship, others have ruled that such adoptions are inappropriate and violate adoption statutes.

Over three decades of research has repeatedly shown that children of glbtq parents are no different from their peers reared in heterosexual families; recently queerspawn themselves have added their own voices to the discourse.

While the courts of some states have been almost unremittingly hostile to gay men and lesbians involved in custody litigation, others have declared that glbtq parents have the same rights and responsibilities as other parents.

Many glbtq people reject a fixed definition of family imposed by society, and instead claim the right to define their own families as they choose.

Glbtq family therapy is a relatively new field that merges gay-affirmative therapy with family systems theory; its goal is to help glbtq people create and maintain healthy families.

Even though glbtq people have been parents throughout history, recent political movements and advances in fertility technology have given rise to a much more visible and self-identified gay and lesbian parents.

Lesbian and gay couples have been fighting for the freedom to marry since the dawn of the modern glbtq struggle for equality; despite some success abroad, progress toward same-sex marriage in the United States has been slow.

Two of the most significant Supreme Court decisions regarding constitutional liberty for glbtq people are Bowers v. Hardwick (1986) and Lawrence v. Texas (2003).

New England's leading legal organization dedicated to equal justice for glbtq individuals and families, Gay & Lesbian Advocates & Defenders (GLAD) provides litigation, advocacy, and educational work in all areas of glbtq civil rights.

Comedian, actress, television talk show host, and openly gay mom, Rosie O'Donnell has achieved remarkable success in her relatively short career.

Best known for his syndicated sex-advice column, Dan Savage is also the author of books chronicling his and his partner's experiences in adopting a child and dealing with the issue of same-sex marriage