Legal Definitions - domestic partner adoption

Domestic partner adoption is a legal process that allows one individual in a recognized domestic partnership to adopt a child who is the biological child of their partner. This adoption creates a full legal parent-child relationship between the adoptive partner and the child, granting the adoptive partner the same rights and responsibilities as the biological parent.

A domestic partnership is a legal relationship available in certain states and jurisdictions for two individuals who choose not to marry or, historically, were unable to marry. While not a marriage, it often provides some, or all, of the rights and benefits typically associated with marriage at the state or local level.

Key aspects of domestic partner adoption include:

• The biological parent within the partnership must consent to the adoption but retains their own parental rights. This means the child will have two legal parents.
• The adoptive parent gains full legal standing, including rights to custody, visitation, and financial support obligations, which continue even if the domestic partnership ends.
• In most jurisdictions, a child can only have two legal parents. If the child already has two biological parents with legal rights, one of those biological parents might need to relinquish their rights for the domestic partner adoption to proceed. However, a few jurisdictions may allow for more than two legal parents in specific, case-by-case circumstances.

Examples of Domestic Partner Adoption:

• Establishing Parental Rights for a Non-Biological Parent

  Maria and Sofia are in a registered domestic partnership in a state that recognizes such unions. Maria conceived a child, Elena, through artificial insemination using a sperm donor, meaning Sofia has no biological connection to Elena. They both want Sofia to be Elena's legal parent, sharing all parental rights and responsibilities with Maria. This illustrates domestic partner adoption because Sofia, Maria's domestic partner, is adopting Elena, Maria's biological child. This process legally establishes Sofia as Elena's second parent, ensuring Elena has two legal parents with equal standing.

• Adopting a Child Whose Other Biological Parent is Not Involved

  David and Michael are registered domestic partners. David has a son, Ethan, from a previous relationship. Ethan's biological mother has not been involved in his life for many years and has legally relinquished her parental rights. Michael, who has been a primary caregiver for Ethan for years, wishes to become Ethan's legal father. This demonstrates domestic partner adoption as Michael, David's domestic partner, is adopting David's biological child, Ethan. Since Ethan's biological mother's rights were already terminated, Michael can become Ethan's second legal parent, sharing all parental rights and responsibilities with David.

• Navigating the "Rule of Two" for Legal Parents

  Sarah and Jessica are in a domestic partnership. Sarah has a daughter, Lily, with her ex-husband, Tom. Tom is still actively involved in Lily's life, but he and Sarah agree that Jessica should also be a legal parent to Lily, providing Lily with two legal mothers. In their state, a child can only have two legal parents. This example shows domestic partner adoption where Jessica, Sarah's domestic partner, adopts Lily, Sarah's biological child. For this to happen, Tom, Lily's biological father, would typically need to voluntarily relinquish his parental rights, allowing Jessica to become Lily's second legal parent alongside Sarah, adhering to the "Rule of Two" in most jurisdictions.