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Adopting a stepchild in a same-sex marriage

On Behalf of | Aug 8, 2025 | Same-Sex Family Law

In many ways, same-sex marriages are the same as heterosexual marriages. The spouses share homes, income and employment benefits. They promise to spend the rest of their lives together and work to uplift one another.

Growing a family is one consideration that separates same-sex marriages from heterosexual marriages. Same-sex couples have different options than heterosexual couples for expanding their families. Some same-sex couples choose to use assisted reproductive technology. Others may pursue an adoption together.

There are also many same-sex couples who get married after having had other relationships. If one spouse in a same-sex couple enters the marriage with a child from a prior relationship, the other spouse may want to consider pursuing a stepparent adoption.

How is a stepparent adoption helpful?

Living together, providing financial support and developing strong connections are all common in stepparent/stepchild relationships. However, the stepparent does not technically have the same legal rights and protections as a legal or biological parent.

If their spouse dies, their stepchild might go to live with the other parent or total strangers. If a divorce occurs, the stepparent may not have the right to seek shared custody. A stepparent adoption helps formalize the connection between a stepparent and a stepchild and enhances the legal protections for both parties. It may also give the stepchild a greater sense of familial stability.

Discussing the possibility of a stepparent adoption with a spouse could be the first step toward strengthening the relationships in a same-sex marriage. Stepparents who choose to adopt their stepchildren have both parental rights and responsibilities, just like any other parent.