The short answer is no, adoption does not have to be hard if you are gay. In fact, some expectant parents that work with Adoption Advocates are specifically looking for an LGBT couple to adopt their babies.
There are a few things to know though, if you’re gay and considering adopting in Texas.
Is Gay Adoption Legal in Texas?
The Texas Family Code allows prospective parents to adopt as long it is in the child’s best interest. The law does not specifically state that gay adoption in legal, but it also does not prohibit it. Same-sex parents have the same rights to adopt, either as an individual or as a married couple, as heterosexual parents.
If you are an unmarried couple, Texas law is not quite as clear. You may still be able to both become legal parents of a child through the second-parent adoption process. However, the law does not explicitly state that second-parent adoptions in LGBT couples must be granted, and there may be judges that do not allow them.
If you are thinking of adopting with a partner but you are not married, it’s recommended to discuss your options with a family law attorney who has experience with LGBT rights before moving forward.
While the laws support gay couples right to become parents through adoption, you may still wonder if the process will be more difficult.
But Will We Have a Harder Time Getting Matched?
There are a lot of factors that go into how quickly a family gets matched, and we can’t speak to what happens with other adoption agencies. But in our experience, being an LGBT couple does not make it harder to get matched.
In fact, in 2019, 50% of birth mothers placed with LGBT-couples, and we’ve averaged 34% over the past 4 years.
Our LGBT families over the past 4 years have also seen slightly shorter wait times, averaging 12.5 months from Full Acceptance to Placement. Our families with heterosexual parents have averaged a wait time of 15 months since 2018.
Finding an LGBT-Friendly Adoption Agency
While Texas law allows LGBT parents to adopt, it doesn’t mean that all adoption agencies will open their doors to you. In 2017, the state passed HB 3859 that gave adoption agencies the right to deny services if that person’s beliefs conflict with the group’s “sincerely held religious beliefs.” In other words, organizations who believe homosexuality is a sin can discriminate against gay parents and refuse them as clients.
As with any prospective adoptive family, you’ll want to choose an agency that’s the right for you – beyond whether or not they accept gay couples. Finding the right fit is important so that you feel supported and respected throughout the process.
If you know LGBT couples that have adopted an infant, ask them if they recommend their agency. Personal experiences from people you trust is the best way to gain insight into what working with the agency might be like.
Online searches for an adoption agency can also be great way to start narrowing down your options – and with so many adoption professionals welcoming gay parents, you will have many to choose from!
When you begin interviewing adoption agencies, you might find it helpful to ask these additional questions:
- Do you require gay couples to be married?
- How many LGBT couples do you currently having waiting?
- What is the average wait time for gay couples, and is it significantly different than for heterosexual parents?
- How many LGBT couples were chosen by expectant parents in the last year?
- Can I connect with some of the gay parents that have placed through your agency?
Adoption Advocates strongly believes in creating families of all types, and we are proud of the work we do to help same-sex couples become parents. We invite you to learn more about adopting an infant through our agency — or to reach out to us at (512) 477-1122 with questions.
