State Laws and Legislation

Connecticut Adoption Law

Permits single LGBT 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."

Details: As of November 12, 2008, Connecticut recognizes marriage equality, providing married same-sex couples with equal marriage rights under state law.

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) In addition, as of October 1, 2010, all existing civil unions will be automatically transformed into marriages, providing married same-sex couples with equal marriage rights under state law.

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)

Updated: Tue, December 08, 2009 - 12:00:34