HRC | Adoption Laws: State by State

Adoption Laws: State by State

The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Alabama Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Alabama law permits any unmarried adult or husband and wife to petition to adopt. Nothing in the state regulations explicitly prohibits single GLBT individuals from petitioning to adopt. Ala. Code § 26-10A-5.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition
State law provides that a husband and wife may petition to adopt, and does not explicitly provide for joint adoption by other couples. No state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

Alaska Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Alaska law permits any unmarried adult or husband and wife to petition to adopt. (ALASKA STAT. § 25.23.020)

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition
State law provides that a husband and wife may petition to adopt, and does not explicitly provide for joint adoption by other couples. No state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Arizona Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Arizona law permits any unmarried adult or a husband and wife to petition to adopt. ARIZ. REV. STAT. § 8-103.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition
State law provides that a husband and wife may jointly petition to adopt, and does not explicitly provide for joint adoption by other couples. No state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Arkansas Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Arkansas law permits any adult or husband and wife to petition to adopt. ARK. CODE ANN. § 9-9-204.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? Unclear.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

Details: In 1999, the Arkansas Child Welfare Agency Review Board adopted a regulation barring private child welfare agencies and the state Department of Human Services from allowing gay and lesbian people to serve as foster parents. In December 2004, however, an Arkansas court ruled that this regulation was unconstitutional.
In 2006, the Supreme Court of Arkansas affirmed that the Arkansas Child Welfare Agency Review Board regulation 200.3.2 unconstitutionally violated separation of powers doctrine. Dep’t of Human Servs. and Child Welfare Agency Review Bd. v. Howard, 367 Ark. 55 (Ark. June 29, 2006). In 2008, voters may decide whether to pass a new law barring individuals "cohabiting with a sexual partner outside of marriage" from adopting. Proponents of the measure are currently gathering signatures in an attempt to place this measure before voters in November 2008.

California Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
California law states that an adult related to the child, a person named in a deceased parent’s will, a legal guardian, or a person with whom the child has been placed for adoption is permitted to petition to adopt. CAL. FAM. CODE § 8802.

Permits a same-sex couple to jointly petition to adopt? Yes.

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
In 2003, the state Supreme Court affirmed that a same-sex co-parent can petition to adopt his or her partner’s child or child of the relationship. (Sharon S. v. Superior Court, 73 P.3d 554 (Cal. 2003)) Registered domestic partners can use the state’s stepparent adoption laws to adopt each other’s children or children of the relationship. (CAL. FAM. CODE § 9000(b))

Details: The state regulations do not address whether sexual orientation is a considered factor in adoption decisions. CAL. CODE REGS. tit. 22, § 35181.

Colorado Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Colorado law permits any unmarried adult or husband and wife to petition to adopt. COLO. REV. STAT. § 19-5-202.

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes
A 2007 law provides that a child may be adopted by a second adult parent upon the written consent of a single parent if the child has no other legal parent.

Connecticut Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Connecticut law allows the Commissioner of Children and Families or a child-placing agency to place a child in an adoptive home. The statute does not reference or restrict those who may petition to adopt (although the sexual orientation of a prospective adoptive parent may be considered, and "nothing…shall be deemed to require…place[ment] [of] a child…with a prospective adoptive or foster parent or parents who are homosexual or bisexual."). (CONN. GEN. STAT. § 45a-726)

Permits a same-sex couple to jointly petition to adopt? Yes.
Connecticut law allows the Commissioner of Children and Families or a child-placing agency to place a child in an adoptive home. The statute does not expressly prohibit joint adoption by same-sex couples (but see note above re: consideration of sexual orientation). (CONN. GEN. STAT. § 45a-726) Also, the FAQ of the Connecticut Department of Children and Families states that "Foster care and adoption by single parents, as well as same sex couples, is permissible and supported."

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
Parties to a civil union are permitted to petition to adopt each other’s child or child of the relationship.
"Parties to a civil union have the same benefits, protections and responsibilities . . . as are granted to spouses in marriage." (CONN. GEN. STAT. §46b-38nn)

Details: Connecticut law states that the sexual orientation of a prospective adoptive parent(s) may be considered when making a placement. (CONN. GEN. STAT. § 45a-726a) However, it does not appear that petitions have been denied due to this regulation. See, for example, In re Jacob R., where the court found that a foster child should remain in the stable, loving placement of a same-sex couple’s home. (In Re. Jacob R., 2001 Conn. Super. LEXIS 2739 (Conn. Super. Ct. Sept. 21, 2001). Additionally, the state’s anti-discrimination law probably prohibits the state from denying a petition to adopt based on sexual orientation. (CONN. GEN. STAT. § 46a-81i)

Delaware Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Delaware law permits any unmarried adult or husband and wife to petition to adopt. (DEL. CODE. ANN. Tit 13, § 903)

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? In some jurisdictions.
In some jurisdictions in Delaware a person may be able to petition to adopt the child of his or her same-sex partner or child of the relationship. For instance, in 2001, a family court in New Castle County held that a same-sex partner could petition to adopt his partner’s adopted children. (In re Hart, 806 A.2d 1179 (Del. Fam. Ct., 2001))

Details: In 2001, in a case determining whether a same-sex partner could use the state’s adoption laws to adopt his partner’s child, the Delaware family court confirmed that any unmarried adult can legally petition the court for adoption. (In re Hart, 806 A.2d 1179 (Del. Fam. Ct., 2001))

District of Columbia Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
The District of Columbia law permits any person to petition to adopt. (D.C. CODE § 16-302)

Permits a same-sex couple to jointly petition to adopt? Yes.
In 1995, the District’s Court of Appeals found that joint adoption petitions by unmarried couples, both opposite- and same-sex, should be granted or rejected on a case-by-case basis, based on the best interest of the child. (In re M.M.D., 662 A.2d 837 (D.C. 1995))

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
In the same 1995 case, the appellate court ruled that a same-sex co-parent can petition to adopt the child of his or her partner or child of the relationship. (In re M.M.D., 662 A.2d 837 (D.C. 1995))

Florida Adoption Law

Permits single GLBT individuals to petition to adopt? No.
FLA. STAT. § 63.042(3)

Permits a same-sex couple to jointly petition to adopt? No.
FLA. STAT. § 63.042(3)

Permits a same-sex partner to petition to adopt partner’s adopted child? No.
FLA. STAT. § 63.042(3)

Details: Florida law explicitly states that "homosexuals" are not eligible to adopt. FLA. STAT. § 63.042(3). This law was upheld by the 11th Circuit Court of Appeals in 2004. See Lofton v. Sect. of the Dept. of Children and Family Services, 358 F.3d 804 (11th Cir. 2004).

Georgia Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Georgia law permits any adult person of at least 25 years of age to adopt. GA. CODE ANN. § 19-8-3.

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Unclear.
Some trial courts may allow such adoptions, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship. ("There is not any appellate opinion addressing same-sex adoptions in Georgia, even though they have been permitted at the trial court level in certain counties." (Wheeler v. Wheeler, 642 S.E.2d 103, 104 (Ga. 2007)(Carley, J., dissenting in denial of cert.))

Hawaii Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Hawaii law allows for any unmarried adult or a husband and wife jointly to petition to adopt. (HAW. REV. STAT. § 578-1)

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

Idaho Adoption Law

Permits GLBT individuals to petition to adopt? Yes.
Idaho law states that any adult person residing in Idaho may adopt a minor. (IDAHO CODE ANN. § 16-1501)

Permits same-sex couples to jointly petition to adopt? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Details: Idaho law permits any adult to petition to adopt. In 2002, the law was amended to prohibit denying an adoption solely based on a prospective adoptive parent’s disability. The amendment states that "transvestism and transsexualism" are not disabilities and that "sexual preference or orientation" is not considered an impairment or disability. IDAHO CODE ANN. § 16-1501. This does not mean a gay, lesbian, bisexual or transgender individual cannot petition to adopt a child. It simply means that a person’s sexual orientation or gender identity or expression is not considered a disability, and the protection the law offers for a disabled applicant does not apply to GLBT people for purposes of adoption.

Illinois Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Illinois law states that "a reputable person of legal age and of either sex" may petition to adopt. (750 ILL. COMP. STAT. 50/2)

Permits a same-sex couple to jointly petition to adopt? Yes
(Petition of K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995))

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
(Petition of K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995))

Details: Illinois law permits any adult individual or married couple to petition to adopt. This provision has been interpreted to permit lesbian and gay individuals and same-sex couples to adopt if it is found to be in the best interests of the potential adoptee(s). In 1995, a state appellate court affirmed that "nothing in the [Adoption] Act suggests that sexual orientation is a relevant consideration, and lesbians and gay men are permitted to adopt in Illinois." (Petition of K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995)

Indiana Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Indiana law permits any individual resident of the state or married couple to petition to adopt. (IND. CODE ANN. 31-19-2-2). There is also a provision that allows a non-resident to petition to adopt a "hard-to-place child." (IND. CODE ANN. 31-19-2-3)

Permits a same-sex couple to jointly petition to adopt? Yes.
In 2006, the state Court of Appeals ruled that an unmarried couple, same- or opposite-sex, may file a joint petition to adopt a child. The state has appealed the case. (In re Infant Girl W., 845 N.E.2d 229 (Ind. Ct. App. 2006))

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? In some jurisdictions.
In some jurisdictions in Indiana a person may be able to petition to adopt the child or children that his or her same-sex partner already adopted. In 2003, the Court of Appeals of Indiana held that a same-sex partner could petition to adopt the other partner’s adopted child. . . In re Adoption of M.M.G.C., 785 N.E.2d 267 (Ind. Ct. App. 2003). In 2004, the Court of Appeals of Indiana held that a same-sex partner could petition to adopt the other partner’s biological child . . . In re Adoption of K.S.P., 804 N.E.2d 1253 (Ind. Ct. App. 2004.

Iowa Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Iowa law permits an unmarried adult or husband and wife jointly to petition to adopt. (IOWA CODE ANN. § 600.4)

Kansas Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Kansas law permits any adult or husband and wife jointly to petition to adopt. KAN. STAT. ANN. § 59-2113.

Permits a same-sex partner to petition to adopt partner’s adopted child? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

Kentucky Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Kentucky law permits any adult who is a resident of the state or a husband and wife jointly to petition to adopt. KY. REV. STAT. ANN. § 199.470.

Permits a same-sex partner to petition to adopt partner’s adopted child? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can petition to adopt a partner’s child or child of the relationship.

Louisiana Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Louisiana law permits a single person or a married couple jointly to petition to adopt. (LA. CHILD. CODE ANN. art.1198)

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
State law provides that a husband and wife may jointly petition to adopt, and does not explicitly provide for joint adoption by other couples. No state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt. Note that under the old Louisiana adoption code, the Louisiana Court of Appeals held that the statutory language "single person" prevented the unwed, natural parents of a child from adopting that child. "Petitioners admit that neither of them is the legitimate parent of Jason Michael Meaux. Petitioners are not a married couple. As two single persons jointly petitioning to become the adoptive parents, they are not "a single person" under the statute. Therefore, the statute does not authorize petitioners to jointly adopt their natural child." (Adoption of Meaux 417 So.2d 522 (La. Ct. App. 1982)) The present statute retains the same "single person . . . or married couple jointly" language. The present code supplanted the prior code, so this is not binding law and does not necessarily affect the interpretation of the present code. Nonetheless, it may be interesting background information and could be considered relevant by a court.

Maine Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Maine law permits an unmarried person or married couple to petition to adopt. ME. REV. STAT. ANN. tit. 18-A § 9-301.

Permits a same-sex couple to jointly petition to adopt? Yes.
In 2007, the Maine Supreme Judicial Court ruled that the probate courts may consider joint petitions by unmarried individuals. Adoption of M.A., 930 A.2d 1088 (2007) (permitting lesbian couple to proceed with adoption).

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can petition to adopt a partner’s child or child of the relationship.

Maryland Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Maryland law permits any adult to petition to adopt. (MD CODE ANN. FAM. LAW, § 5-331, 5-345). Regulations also specifically prohibit an adoption agency from denying an individual’s adoption application based on the individual’s sexual orientation. (MD CODE REGS. 07.05.03.09(A)(2))

Massachusetts Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
(MASS. GEN. LAWS ch. 210, § 1)

Permits a same-sex couple to jointly petition to adopt? Yes.
(Adoption of Tammy, 619 N.E.2d 315 (Mass. 1993))

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
In 1993, the Massachusetts Supreme Judicial Court ruled that a same-sex co-parent could adopt her partner’s biological child. (Adoption of Tammy, 619 N.E.2d 315 (Mass. 1993))

Details: Massachusetts recognizes marriage equality, providing married same-sex couples with equal marriage rights under state law.

Michigan Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Michigan law allows any adult or married couple to petition to adopt. MICH. COMP. LAWS ANN. § 710.24

Permits a same-sex couple to jointly petition to adopt? Possibly.
A Michigan appellate court has ruled that Michigan law only allows couples married to each other to petition jointly to adopt. (In re Adams, 473 N.W.2d 712 (Mich. Ct. App. 1991)).

However, another, more recent case, suggests there can be different outcomes. In Hansen v. McClellan, a biological mother terminated her parenting rights so that she and her partner could jointly petition to adopt her children. A court granted the adoption. After the dissolution of the couple’s relationship, the mother attacked the grant of adoption, arguing that the court lacked the power to grant an adoption to an unmarried couple. The Court of Appeals held that the circuit court had the subject matter jurisdiction to hear the initial adoption proceeding. Accordingly, the issue of whether it was correct to grant a joint adoption to an unmarried couple could only have been attacked on direct appeal, which the mother did not do. Therefore, the mother was unable to collaterally attack the grant of adoption. This does not necessarily mean that the statute allows joint adoptions by same-sex couples.However, it does show that at least one Michigan court has permitted this. (Hansen v. McClellan, No. 269618, 2006 WL 3524059 (Mich. Ct. App. December 07, 2006))

In 2004, the state Attorney General issued an opinion stating that same-sex couples who are married from other jurisdictions are not legally authorized to adopt children in Michigan as a couple, but that one member of a same-sex couple could adopt a child in Michigan as a single person.
2004 Mich. Op. Att'y Gen. 7160

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
No explicit prohibition, however one judge has acted to block such adoptions. On June 4, 2002, Archie Brown, the chief judge of Washtenaw County, ordered all county judges to stop granting second-parent adoptions to unmarried parents because the practice violated state law. Brown then transferred all pending second-parent adoption cases to himself to ensure that his directive be enforced. The Michigan American Civil Liberties Union (ACLU) filed a motion challenging his authority to transfer the cases. Brown promptly rejected the motion. It appears that no petitions for second-parent adoptions have been filed since this time.

Minnesota Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Minnesota law allows any adult resident to petition to adopt. (MINN. STAT. ANN. § 259.22)

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
State law does not directly speak to the issue, and no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Mississippi Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Any unmarried person or married person with spouse may adopt a minor. MISS. CODE ANN. § 93-17-3.

Permits a same-sex couple to jointly petition to adopt? No.
Couples of the same gender may not adopt. MISS. CODE ANN. § 93-17-3.

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? Probably not.
MISS. CODE ANN. § 93-17-3 likely prevents a same-sex partner from petitioning to adopt a partner’s child or child of the relationship, although it is not 100% clear that the statutory language is aimed at this scenario; it could be argued that this is not an adoption by a "couple of the same gender" since only one partner is seeking to adopt.

Details: Mississippi law allows an unmarried adult or married couple to petition to adopt. However, in 2000 the law was amended to prohibit "couples of the same gender" from petitioning to adopt. MISS. CODE ANN. § 93-17-3.

Missouri Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Missouri law allows any adult to petition to adopt. (MO. ANN. STAT. § 453.010)

Montana Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Montana law allows an unmarried adult or husband and wife to petition to adopt. MONT. CODE ANN. § 42-1-106.

Nebraska Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Nebraska law allows any adult person, persons or husband and wife jointly to petition to adopt. NEB. REV. STAT. § 43-101.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
Note that the adoption statute allows for adoption by "any adult person or persons," with a qualification that married couples must jointly adopt. Such language arguably allows unmarried couples to jointly adopt (as "persons"). However, in In re Adoption of Luke, Nebraska argued that the adoption statutes do not allow "two non-married persons to adopt a minor child, no matter how qualified they are." The issue was not presented to the county court, though, and so the Supreme Court of Nebraska declined to consider the argument. Accordingly, no state court has decided whether or not same-sex couples are allowed to jointly petition to adopt. In re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002)

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No.
A same-sex partner can not adopt the partner’s child without terminating the other partner’s parental rights. In re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002)

Nevada Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Nevada law permits any adult person or a married couple to petition to adopt. NEV. REV. STAT. § 127.030. Moreover, the Nevada Administrative Code states that the application process for adoption of a child through a child welfare service agency can not be denied on the basis of sexual orientation. NEV. ADMIN. CODE § 127.351

New Hampshire Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
New Hampshire law permits an unmarried adult or a husband and wife to petition to adopt. N.H. REV. STAT. ANN. § 170-B:4.

Permits a same-sex couple to jointly petition to adopt? In some jurisdictions.
In 1987, the New Hampshire Supreme Court ruled that two unmarried adults may not jointly petition to adopt a child. In re Jason C., 533 A.2d 32 (N.H. 1987). However, there are several judges in the state who will apparently permit a same-sex couple to petition to adopt in some circumstances.

New Jersey Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
New Jersey law permits any adult to petition to adopt. (N.J. STAT. ANN. § 9:3-43) DYFS is also specifically required to allow any adult to petition to adopt, regardless of sexual orientation (N.J. ADMIN. CODE 10:121C-2.6)

Permits a same-sex couple to jointly petition to adopt? Yes.
Matter of Adoption of Two Children by H.N.R., 666 A.2d 535 (N.J. Super. Ct. App. Div. 1995.

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
In 1995, a New Jersey appellate court ruled that a same-sex co-parent could adopt her partner’s children. (Matter of Adoption of Two Children by H.N.R., 666 A.2d 535 (N.J. Super. Ct. App. Div. 1995).

Details: The Department of Youth and Family Services is prohibited from discriminating against prospective adoptive parents on the basis of sexual orientation. (N.J. ADMIN. CODE 10:121C-4.1). Note also a 2005 Superior Court decision regarding the application of the Artificial Insemination Statute (N.J. STAT. ANN. 9:17-44) to a same-sex couple. The Artificial Insemination Statutes states that "[i]f . . . a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived." The 2005 decision held that in a committed same-sex partnership, in which one partner underwent artificial insemination and the other partner showed "indicia of commitment" (in this case, the couple was married in Canada, registered as domestic partners in New York, and the child had the surname of the partner) that the Artificial Insemination Statute applied to create a presumption that the partner was the child’s parent.
(In re Parentage of Robinson, 890 A.2d 1036 (N.J. Super. Ct. Ch. Div. 2005))

New Mexico Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
New Mexico law permits any individual or married couple to petition to adopt. (N.M. STAT. ANN. § 32A-5-11)

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt. Also, [i]t appears that the New Mexico Children, Youth and Families Department permits same-sex couples to jointly petition to adopt because of their use of gender neutral and "partner" language on the application for adoption. See the Application for Adoption

New York Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
New York law allows an unmarried adult or a married couple jointly to petition to adopt. (N.Y. DOM. REL. § 110)

Permits a same-sex couple to jointly petition to adopt? Yes.
A 2002 decision affirmed the state’s adoption law "does not prohibit adoption by a couple, neither of whom is a biological parent." In the Matter of Jacob, 660 NE.2d 397 (N.Y. 1995). Technically, Jacob did not address the issue of unmarried couples seeking to adopt a child who is not the biological child of either person (see n.3 of the opinion). However, other lower courts have cited the case for the proposition that unmarried couples can jointly petition to adopt.

Lower courts that have relied on Jacob: In re Adoption of Joseph, 684 N.Y.S.2d 760 (N.Y. Sur. Ct. 1998); In re Adoption of Emilio R., 293 A.D.2d 27, (N.Y. App. Div. 2002); In re Adoption of Carolyn B., 774 N.Y.S.2d 227 (N.Y. App. Div. 2004).

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
In 1995, the New York Appeals Court (the state’s highest court) ruled that a same-sex co-parent could adopt her partner’s child or child of the relationship.
(In the Matter of Jacob, 660 N.E.2d 397 (N.Y. 1995)).

Details: New York law permits an adult or a married couple to petition to adopt. The state regulation reads, "[a]pplicants shall not be rejected solely on the basis of homosexuality." N.Y. COMP. CODES R. & REGS. tit. 18, § 421.16(h)(2)

North Carolina Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
North Carolina law permits any adult to petition to adopt. N.C. GEN. STAT. § 48-1-103.

Permits a same-sex couple to jointly petition to adopt? No.
State law provides that, "If the individual who files the petition is unmarried, no other individual may join in the petition." (N.C. GEN. STAT. § 48-2-301)

North Dakota Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
North Dakota law allows for unmarried adults and a husband and wife together to petition to adopt. N.D. CENT. CODE § 14-15-03.

Permits a same-sex couple to jointly petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.
There is at least one documented case of a same-sex couple successfully jointly petitioning for the adoption of a child not related to them. Megan Boldt, Adoption Licensing Debated, Bismarck Trib., Jan. 22, 2003, at 2c.

Details: In 2003 the state Legislature passed a law that states: "A child-placing agency is not required to perform, assist, counsel, recommend, facilitate, refer or participate in a placement that violates the agency's written religious or moral convictions or policies." This law might be used by some child-placing agencies to deny placement of a child with a gay, lesbian, bisexual or transgender individual or same-sex couple. N.D. CENT. CODE §50-12-03.

Ohio Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Ohio law permits an unmarried adult or a husband and wife together to petition to adopt. OHIO REV. CODE ANN. § 3107.03. In 1990, the Ohio Supreme Court was asked to find that a lower court abused its discretion when it granted an adoption to a gay man. The state Supreme Court ruled that there was no evidence that the lower court’s "attitude was unreasonable, arbitrary or unconscionable." In re Adoption of Charles B., 552 N.E.2d 884, 890 (Ohio 1990).

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No.
In 1998, an Ohio appeals court held that a parent’s parental rights are terminated upon adoption of the child by a non-spousal partner. (In re Adoption of Doe, 719 N.E.2d 1071, (Ohio App. 9 Dist., 1998))

Oklahoma Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Oklahoma law permits an unmarried person who is at least 21 years old or a husband and wife jointly to petition to adopt. OKLA. STAT. Tit. 10 § 7503-1.1

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
State law provides that a husband and wife may jointly petition to adopt, and does not explicitly provide for joint adoption by other couples. In 2001, the state Court of Civil Appeals found that joint adoption by a divorced couple was prohibited. The court employed a strict interpretation of the statute to hold that two unmarried people may not jointly petition to adopt. In re Adoption of M.C.D., 42 P.3d 873, (Okla. Civ. App. 2001)

Oregon Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Oregon law permits any person to petition to adopt. (OR. REV. STAT. § 109.309)

Permits a same-sex couple to jointly petition to adopt? Yes.
State regulations specify that the state Office for Services to Children and Families or a contracted licensed private agency "shall accept applications from couples (married or unmarried) or individuals (married or unmarried)." (OR. ADMIN. R. 413-120-0200(3))

Pennsylvania Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Pennsylvania law permits any individual to petition to adopt. 23 PA. CONS. STAT. § 2312

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
At least one lower court seems to have concluded that same-sex couples can adopt a child. It’s not entirely clear from the opinion, but the court may have granted a joint petition to adopt (as opposed to a second-parent adoption). In re Adoption of E.O.G., 28 Pa. D. & C.4th 262, (Pa. C.P. Ct. 1993).

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
In 2002, the state Supreme Court ruled that a same-sex co-parent can petition to adopt his or her partner’s child(ren). In re Adoption of R.B.F. and R.C.F., 803 A.2d 1195, (Pa. 2002).

Rhode Island Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Rhode Island law permits any individual residing in Rhode Island or a husband and wife to jointly petition to adopt. R.I. GEN. LAWS § 15-7-4(a)

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
State law provides that a husband and wife may jointly petition to adopt, and does not explicitly provide for joint adoption by other couples. No state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

South Carolina Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
The state permits any South Carolina resident to petition to adopt. S.C. CODE ANN. § 20-7-1670.

South Dakota Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
South Dakota law permits any adult person to petition to adopt as long as the person adopting the child is at least 10 years older than the person adopted. S.D. CODIFIED LAWS § 25-6-2.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

Details: The state regulations defer to licensed child placing agencies’ unspecified criteria to find acceptable adoptive parents. S.D. ADMIN. R. 67:14:14:03.

Tennessee Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Tennessee law permits any person over 18 years old to adopt. TENN. CODE ANN. § 36-1-115.

Details: In 2000, biological grandparents appealed a trial court’s decision to approve their grandson’s adoption by a lesbian. In this case, grandparents challenged a trial court ruling that granted a petition of adoption to a lesbian. On appeal, the grandparents argued, in part, that the trial court had erred in finding that the adoption was in the best interest of the child. The prospective adoptive parent’s sexual orientation was considered in this "best interest" analysis. On appeal, the appellate court held that while sexual orientation may properly be an issue in "best interest" analysis, it could not control the outcome. The court affirmed that the adoption was in the best interest of the child, regardless of the adoptive mother’s sexual orientation. In re Adoption of M.J.S., 44 S.W.3d 41, 56-57 (Tenn. Ct. App. 2000).

Texas Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Texas law permits an adult to petition to adopt. (TX FAMILY CODE ANN. § 162.001)

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
Lower courts have allowed such adoptions, (Goodson v. Castellanos, 214 S.W.3d 741 (Tex. App. 2007)). In 2001, a same-sex couple jointly petitioned to adopt a child from Kazakhstan. A county district court granted the adoption. Over a year later, the couple’s relationship ended. At that point one of the partners filed a suit affecting the parent-child relationship of the partners. A district court subsequently issued a judgment affecting the parent-child relationship the partners had with the child. On the same day, the district court issued an opinion that two individuals of the same sex could not jointly petition to adopt a child. The adversely affected partner appealed the judgment that altered her parental rights. On appeal, the partner argued that the district court that granted the joint adoption had no jurisdiction to grant an adoption to a same-sex couple. The Texas Court of Appeals, however, held that the district court had the power to grant the adoption, and that the validity of the decree could only be attacked within six months of its issuance. Because the partner was attacking the validity of the adoption after six months had elapsed, the Court of Appeals ruled that the partner was barred from attacking the validity of the joint adoption. Because she could not attack the validity of the joint adoption, the issue of whether a same-sex couple could jointly adopt a child was not before the Court of Appeals. Consequently, the Court of Appeals did not engage in statutory construction regarding same-sex adoptions, though it did note that granting the same-sex adoption was not "fundamental error."
(Goodson v. Castellanos, 214 S.W.3d 741 (Tex. App. 2007))

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
In 2001, a county court granted a step-parent adoption to a same-sex couple. Later, the stepparent filed a suit affecting the parent-child relationship. The biological parent argued that the stepparent adoption was void because the statute did not permit same-sex stepparent adoptions. However, a Court of Appeals held that the 6 month statute of limitations for challenging the adoption had run out. Accordingly, the biological parent was unable to challenge the adoption and the substantive issue of whether the statute permitted same-sex stepparent adoptions was not decided. (Hobbs v. Van Stavern, NO. 01–05–00632–CV, 2006 WL 3095439, (Tex. App. November 02, 2006)(not officially released for publication)).

Utah Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Utah law permits any single adult or married couple to petition to adopt. (UTAH CODE ANN. § 78-30-1(3)). Note that the Division of Human Services gives priority to legally married couples, but an individual who is not "cohabiting" may also adopt a child if it is in the best interest of the child. (2007 Utah Laws 255 / Chapter 255, 2007 General Session) (UTAH ADMIN. CODE R512-41-5(J)(1))

Permits a same-sex couple to jointly petition to adopt? No.
Unmarried, cohabitating couples are prohibited from petitioning to adopt. UTAH CODE ANN. §78-30-1(3).

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No.
A child may not be adopted by a person who is residing with, and involved in a sexual relationship with, another person in a relationship that is not a legal marriage. (UTAH CODE ANN. § 78-30-1(3))

Details: Utah law states that "A child may not be adopted by a person who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state. For purposes of this subsection . . . "cohabiting" means residing with another person and being involved in a sexual relationship with that person" (UTAH CODE ANN. § 78-30-1(3))

Vermont Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Vermont law permits any person to petition to adopt. VT. STAT. ANN. Tit. 15A § 1-102(a)

Permits a same-sex couple to jointly petition to adopt? Yes.
Same-sex couples who are joined by civil unions may petition to jointly adopt. According to the website for the Vermont Dept. of Children and Families, Family Services Division: "You can be . . . living with a partner, or joined through a civil union"

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
"If a family unit consists of a parent and the parent's partner, and adoption is in the best interest of the child, the partner of a parent may adopt a child of the parent. Termination of the parent's parental rights is unnecessary in an adoption under this subsection." VT. STAT. ANN. Tit. 15A § 1-102(b)

The Vermont civil union statute states that "Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law or any other source of civil law, as are granted to spouses in a marriage." It also explicitly states that the "legal benefits, protections and responsibilities [of] . . . adoption law and procedure" shall apply to parties to a civil union in the same way that they apply to spouses of a marriage. VT STAT ANN. Tit. 15 § 1204(a), (e)(4)

Details: According to the website for the Vermont Dept. of Children and Families, Family Services Division: "You can be single, married, living with a partner, or joined through a civil union"; and "Applications are considered regardless of race, ethnicity, gender, religion, or sexual orientation."

Virginia Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Virginia law permits any person or married couple residing in the state to petition to adopt. VA. CODE ANN. § 63.2-1201. Additionally, there is nothing in the state regulations that explicitly prohibits gay, lesbian, bisexual or transgender individuals from adopting. 22 VA. ADMIN. CODE § 40-130-400.

Washington Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Washington law permits a legally competent adult to petition to adopt. (WASH. REV. CODE § 26.33.140)

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition
According to the Washington State Department of Social and Health Services brochure, Adoption in Washington State, same-sex couples can adopt a child through DSHS.

West Virginia Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
West Virginia law permits any unmarried person or a husband and wife jointly to petition to adopt. W. VA. CODE § 48-22-201.

Note: The state regulations do not address whether sexual orientation or gender identity or expression are factors in adoption decisions. W. VA. CODE ST. R. § 78-2-16.

Wisconsin Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Wisconsin law permits any unmarried adult or husband and wife jointly to petition to adopt. WIS. STAT. § 48.82.

Permits a same-sex couple to jointly petition to adopt? Unclear.
Wisconsin courts have never precisely decided the issue, though they have strongly suggested that joint adoptions by unmarried individuals are not available under the current statutes. See In re Custody of H.S.H.-K., 533 N.W.2d 419, 437 n. 41 (Wis. 1995); In Interest of Angel Lace M., 516 N.W.2d 678, 685 n. 14 (Wis. 1994).

Permits a same-sex partner to petition to adopt partner’s adopted child? No.
Such an adoption would terminate the parental rights of the non-adopting parent. In Interest of Angel Lace M., 516 N.W.2d 678, 683 (Wis. 1994). ("Hence, we hold that . . . a minor is not eligible for adoption unless the rights of both of her parents have been terminated. Because Georgina's parental rights remain intact, Angel is not eligible to be adopted by Annette.")

Details: The state regulations do not address whether sexual orientation or gender identity or expression are factors in adoption decisions. WISC. ADMIN. CODE § 51.07.

Wyoming Adoption Law

Permits single GLBT individuals to petition to adopt? Yes.
Wyoming law permits any adult person who has resided in Wyoming for 60 days to petition to adopt. WYO. STAT. ANN. § 1-22-103.

Permits a same-sex couple to jointly petition to adopt? Unclear.
Possibly. There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Permits a same-sex partner to petition to adopt partner’s adopted child? Unclear.
Possibly. There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

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