LGBTQ+ Families

LGBTQ+ family made of two gay husbands playing with adopted baby son and his toys

The adoption team at Hinkle Law Firm LLC is proud to assist all families, which of course includes LGBTQ+ (lesbian, gay, bisexual, transgender and queer) couples with their adoption and surrogacy journeys. While generally the legal process is similar for all hopeful families, there are some unique considerations to keep in mind.

All married couples or single person with an approved home study can adopt in Kansas. No two single people can adopt a child together, regardless of sexual orientation or gender.  Kansas law has not yet recognized parental rights beyond two parents, like some states are beginning to consider.

It is important for LGBTQ+ families to understand that having one’s name on the birth certificate, intent or experience as the child’s parent does not guarantee parental rights if that person is not a biological or adoptive parent. Only an adoption can secure such parental rights.

This distinction of one parent as the genetic parent is more common for same sex couples and while Kansas case law has recognized a same sex families’ written agreement for parental rights, it is not as secure as an adoption. Therefore, it is very important that the non-genetic parent complete a second parent adoption to secure all parental rights.

Our team is well versed in representing LGBTQ+ individuals who seek collaborative reproduction or assisted reproductive technologies (ART) through sperm or egg donation, and gestational carriers’ and surrogacy. To safeguard the rights and obligations of all family members, families who choose this path need well-drafted agreements and parentage actions to secure rights through the birth of the child and after.

Every family’s circumstances are unique, and this is especially true for LGBTQ+ couples who wish to grow their family. Whether you’re interested in adoption, step-parent adoption, second parent adoption, surrogacy or other family-building methods, Hinkle Law Firm can provide the counsel and services you need to successfully achieve your dreams of parenthood.

If you have questions about adoption and starting the process we want to help. Reach out to our team to learn more or to join our waiting list of hopeful adoptive families.

Additional Resources for LGBTQ+ Families

Connecting Rainbows