Legal Definitions - second-parent adoption

Second-parent adoption is a legal process that allows an individual to adopt a child without terminating the parental rights of the child's existing legal parent. This means that after the adoption is finalized, the child has two legal parents, both of whom possess full parental rights and responsibilities.

This type of adoption is commonly used by same-sex couples or unmarried heterosexual couples where one partner is already the biological or adoptive parent of the child, and the other partner wishes to establish a full, legally recognized parent-child relationship. It ensures that both parents have equal legal standing, including rights related to custody, medical decisions, inheritance, and schooling.

Here are some examples:

• Example 1: Same-Sex Couple with a Biological Child
  Maria gives birth to a child. Her long-term partner, Sarah, has been involved in the child's life since conception and wants to be recognized as a legal parent. Sarah can file for a second-parent adoption. If approved by the court, both Maria and Sarah will be the child's legal parents, sharing all parental rights and responsibilities, without Maria losing her existing parental rights as the biological mother.

• Example 2: Unmarried Heterosexual Couple with a Biological Child
  David and Emily are in a committed relationship but are not married. David is the biological father of their child. Emily, who has raised the child since birth, wants to ensure she has full legal parental rights, especially regarding medical decisions and inheritance, should anything happen to David. Emily can pursue a second-parent adoption. This process would legally establish her as the child's second parent alongside David, granting her the same legal standing as a biological parent without affecting David's rights.

• Example 3: Same-Sex Couple with an Adopted Child
  Alex adopted his daughter, Lily, as a single parent several years ago. He later met and married Michael. Michael has been a loving and involved stepfather to Lily, and they all want Michael to have the same legal parental rights as Alex. Michael can initiate a second-parent adoption. This would legally establish Michael as Lily's second parent, ensuring both Alex and Michael are recognized as her legal fathers, sharing all parental rights and responsibilities, without terminating Alex's existing parental rights.