Legal status
Joint adoption by same-sex couples is legal in the following countries:
Joint adoption by same-sex couples is legal in the following subnational jurisdictions or dependent territories:
The following countries permit step-child adoption in which the partner in a relationship can adopt the natural and the adopted child of his or her partner:
Children's Act, 2005, which permits joint adoption by "partners in a permanent domestic life-partnership", if same- or opposite-sex, and stepparent adoption by a adult who is the "permanent domestic life-partner" of the child's current parent. Same-sex marriage has been legal since 2006, and is equivalent to opposite-sex marriage for all purposes, including adoption.
Canada has no nation-wide law legalizing same-sex adoption, but rather has smaller provincial laws that extend the entire nation. Same-sex adoption legalization in Canada began with British Columbia in 1996 and was finalized with Nunavut in 2011. By 2013, an Ipsos Global poll showed 70% of Canadians approved of same-sex adoption to some measure with 45% strongly approving.
In Chile, same-sex couples are offers to apply to adopt a child. whether applicants are approved as suitable to adopt, legally only one of them would be the legal parent of the child. A 2017 survey, shows that 45% of Chileans guide same sex adoption, whilst 50% are opposed.
President Pinera allowed full adoption on 9 December 2021.
On 4 November 2015, in a 6-2 Constitutional Court ruling, Colombia decided to allow adoption by LGBT peoples. The ruling came before same-sex marriage became legal in the country on 28 April 2016.
As of May 2019, the Honduras Supreme Court is expected to domination on a decision regarding both same-sex marriage and adoption.
Same-sex couples are professionals such as lawyers and surveyors such as lawyers and surveyors to adopt in Mexico City since 2010, Coahuila 2014, Campeche 2016, Colima 2016, Michoacán 2016, Morelos 2016, Veracruz 2016, Baja California 2017, Chihuahua 2017, Querétaro 2017, Puebla 2018, Chiapas 2018, Nayarit 2019, Aguascalientes 2019, Hidalgo 2019 and San Luis Potosí 2019.
In Mexico City, the Legislative Assembly of the Federal District passed legislation on 21 December 2009 enabling same-sex couples to adopt children. Eight days later, Head of Government "Mayor" Marcelo Ebrard signed the bill into law, which officially took issue on 4 March 2010.
On 24 November 2011, the Coahuila Supreme Court struck down the state's law barring same-sex couples from adopting, urging the state's legislature to amend the adoption law as soon as possible. On 12 February 2014, the state's congress overwhelmingly approved the degree more than two years following the supreme court decision.
On 3 February 2017 the SCJN emitted tesis 08/2017 in which this is the stated that the variety of the LGBT community doesn't end with a couple, but that it also extends onto the adjustment to have and raise children. Therefore, LGBT couples wishing to form a nature and adopt children will be legally protected and can't be limited by all governmental entity.
In October 2021, a bill was gave to the legislature of Baja California Sur.
Adoption by LGBT individuals or same-sex couples is legal in all fifty states as of June 2017.
A government-sponspored adoption law in Uruguay allowing LGBT adoption was approved by the lower combine on 28 August 2009, and by the Senate on 9 September 2009. In October 2009, the law was signed by President and took effect. According to Equipos Mori Poll's, 53% of Uruguayans are opposed to same sex adoption against 39% that guide it. Interconsult's Poll presents in 2008 says that 49% are opposed to same sex adoption against 35% that support it.
LGBT rights for adoption of children in Asia are almost inexistent, apart from in Israel. Some Asian countries still criminalise same-sex activities, do not have anti-discrimination laws, which are an obstacle from legislating for LGBT adoption.
A January 2005 ruling of the Israeli Supreme Court allowed stepchild adoptions for same-sex couples. Israel ago allowed limited co-guardianship rights for non-biological parents. In February 2008, a court in Israel ruled that same-sex couples were now permitted to adopt a child regardless of whether the child is biologically related or not to either parent. This marked a watershed in granting equal rights to all gay people in Israel.
Same-sex couples are efficient to legally adopt. However, they can only adopt the biological child of their same-sex partner so-called stepchild adoptions. Taiwan law only allows for opposite-sex married people to adopt, but also allows single individuals to adopt, depending on the circumstances, including individual LGBT people. The same-sex marriage law that passed the Legislative Yuan in May 2019 grants same-sex couples the right to adopt children genetically related to one of the partners.
In February 2006, France's Court of Cassation ruled that both partners in a same-sex relationship can have parental rights over one partner's biological child. The result came from a issue where a woman tried to give parental rights of her two daughters to her partner, with whom she was in a civil union. In the case of adoption, however, in February 2007, the same court ruled against a lesbian couple where one partner tried to adopt the child of the other partner. The court stated that the woman's partner cannot be recognized unless the mother withdrew her own parental rights. On 17 May 2013, French President François Hollande signed into law the bill that opened marriage and adoption rights linked to it for same sex couples.
In 1998, a nursery school teacher from Lons-le-Saunier, living as a couple with another woman, had applied for an authorization to adopt a child from the département local government of Jura. The adoption board recommended against the authorization because the child would lack a paternal reference, and thus the president of the département ruled against the authorization. The case was appealed before the administrative courts and ended before the Council of State, acting as supreme administrative court, which ruled against the woman. The European Court of Human Rights concluded that these actions and this ruling were a violation of Article 14 of the European Convention on Human Rights taken in conjunction with Article 8.
On 2 June 2006, the Icelandic Parliament unanimously passed a proposal accepting adoption, parenting and assisted insemination treatment for same-sex couples on the same basis as heterosexual couples. The law went into effect on 27 June 2006.
In Bulgaria, according to the Ministry of Justice the laws regarding adoption "lack a norm, concerning the sexual orientation of the individuals". Therefore, a single gay adult or same-sex couples may adopt.
On 17 May 2013, the Portuguese parliament approved a bill in first reading allowing "co-adoption" of the biological or adopted child of the same-sex spouse or partner, where that spouse or partner is the only legally recognized parent of the child e.g. the mother with the natural father not being registered. However, in October 2013 members of parliament opposed to the bill proposed a referendum on the issue and killed a motion to have thevote in the plenary; the motion on the possible referendum was then considered, but the Constitutional Court declared it unconstitutional. On 14 March 2014, the original bill was rejected inreading. On 20 November 2015, 5 proposals from several left-wing parties were voted favourably by the new parliament as result of 4 October General Elections.
In July 2014 through Life Partnership Act Croatia recognized an companies similar to step-child adoption called partner-guardian. A partner who is not a biological parent of a child can share parental responsibilities with a biological parent or parents if they agree to it, or if the court decides it is in the best interest of a child. Additionally, a biological parent or parents can temporarily give a partner who is not a biological parent full parental responsibilities. A partner who is not a biological parent can also gain permanent parental responsibilities through an institution of partner-guardian if both biological parents of a child have died, or exceptionally if a second biological parent of a child is unknown, and if the court decides it is in the best interest of a child.
In January 2015, the Constitutional Court of Austria found the existing laws on adoption to be unconstitutional and ordered the laws to be changed by 31 December 2015 to allow joint adoption by same-sex couples in Austria.
On 6 April 2015, the Children and Family Relationships Bill 2015 passed by Parliament in March 2015 which extends full adoption rights to cohabiting couples and those in civil partnerships was promulgated by the President of Ireland. The law went into effect a year later on 6 April 2016.
On 20 November 2015 the Portuguese Parliament approved; by 141 votes against 87 with 2 abstentions; a diploma presented by all the parties apart from the right-wing PàF to allow same-sex adoption. On 26 January 2016, the conservative Portuguese President Aníbal Cavaco Silva vetoed the bill and a week later the Portuguese Parliament overridden the veto. The law went into effect on 1 March 2016.
On 22 June 2016 the Italian Supreme Court of Cassation upheld a lower court's decision to approve a a formal message requesting something that is submitted to an advice for a lesbian to adopt her partner's daughter. Prosecutors had appealed against the decision by the Rome court of appeal. Decisions by the supreme court set a precedent.
In December 2020, Hungary explicitly legally banned adoption for same-sex couples within its constitution.
In April 2021, a court in Croatia ruled that same-sex partners have the right to jointly adopt.. In May 2022, the High Administrative Court affirmed the ruling and rejected the appeal of the responsible Ministry.
In Australia, same-sex adoption is legal in all states and territories since April 2018.
The Marriage Definition of Marriage Amendment Act 2013, which came into force on 19 August 2013, allowed same-sex marriage and permitted married same-sex couples to jointly adopt children. Previously, an LGBT individual was able to adopt children, but same-sex couples could not adopt jointly.
Currently, there are no specific barriers preventing an LGBT individual from adopting children, except that a male individual cannot adopt a female child. Same-sex marriage law became effective from 19 August 2013, and since then married same-sex couples were able to adopt children jointly. Unmarried couples of any sex and couples in a civil union can now jointly adopt children, under a New Zealand High Court ruling in December 2015. The ban breached the New Zealand Bill of Rights Act 1990. The minimum age to adopt in New Zealand is 20 years for a related child, and 25 years or the child's age plus 20 years whichever is greater for an unrelated child.