Spivak Law Firm | Pittsburgh, PA

Based in Pittsburgh, PA


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Second-Parent Adoption Law

Today in the United States there are some two million kids who are being raised by same-sex couples. But 30 states do not have laws allowing lesbian, gay, bisexual, and transgender (GLBT) parents to both adopt.

As a result, many of these families face legal obstacles that heterosexual parents never have to worry about, according to a recent report by Movement Advancement Project, Family Equality Council, and Center for American Progress. Such obstacles range from a child’s ability to collect Social Security death benefits to a parent’s ability to make medical decisions for the child or receive visitation rights in the event of a breakup.

According to The New York Times: “The inequities don’t end there. If the biological or legal parent were to die or become disabled, the child could be placed with a distant relative or in foster care instead of staying with the nonlegal parent. Having a legal relationship also provides children with the right to sue over a parent’s wrongful death, and it usually gives them the right to inherit from a parent who dies without a will.”

Pennsylvania is among just five states that allow second-parent adoptions, which enables the partner of a legal parent to adopt even if the adults are not considered married. For more information on second-parent adoptions in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.