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Same-sex partners: How can we adopt?

Adoption can be a complicated legal proceeding in any situation, but when the prospective parents are a same-sex couple, it can be even more difficult. In today's society, there are various methods of adoption, and some of these may be easier or better suited for nontraditional families.

Using a public or private agency may be one of the most common ways to adopt, and both have their pros and cons. Public agencies may have antidiscrimination laws in effect that mean that a same-sex couple cannot be discriminated against purely on the basis of their sexual orientation. Private agencies, however, are able to determine their own criteria, and depending on the agency, this could be better or worse for same-sex couples.

Colorado does not allow completely independent adoptions, but if you have found a birth mother who wishes to choose you as an adoptive parent, it may be possible to have an agency handle the adoption process from there. If you are interested in adopting from someone that you know, it is especially important to seek legal counsel to ensure that the adoption is legal and everything is executed properly. A family law attorney can help you look for red flags and anticipate any issues before they happen.

With the family courts still catching up to the recent changes in same-sex marriage and divorce, it can be confusing for couples trying to understand if and how they can adopt. Talking with a family law attorney about the different adoption possibilities and what may be best for your circumstances is the first step.

Source: FindLaw, "The Different Types of Adoption," accessed July 23, 2015

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