gay adoption
...re one parent had previously adopted a child.) Florida No "homosexual" may adopt. Fla. Stat. § 63.042(3) Not yet approved. Federal court decision in Lofton v. Kearney, which upheld adoption ban, is on appeal. Georgia Any adult. OCGA § 19-8-3 Numerous granted in lower courts. Results vary by county and by judge. Most successes have been in metro Atlanta counties. Hawai'i Any adult or married persons petitioning jointly. Hawai'i Rev. Stat. § 578-1 Generally resistant, but lower courts have in recent years approved at least three adoptions. Idaho Any adult. Idaho Code § 16-1501 Not yet permitted. Illinois Any person. 750 ILCS 50/2 Approved in Petition of K.M. 653 N.E.2d 888 (Ill. App. 1995); reaffirmed in In re C.M.A., 715 N.E.2d. 674 (Ill. App. 1999) Permits individual, joint and second parent adoption. Indiana Any person. Ind. Stat. § 31-92-2 Approved in Adoption of K.S.P., 804 N.E.2d 1253 (Ind. Ct. App. 2004) (by partner of biological parent); Adoption of M.M.G.C., 758 N.E.2d. 267 (Ind. Ct. App. 2003) (by partner of adoptive parent). Iowa Any unmarried adult; spouse must join petition unless excused by court. Iowa Code 600.4 Approved in lower courts. Kansas Any adult. KS Stat. 59-2113 Not yet permitted. Kentucky Any adult. Ky. Rev. Stat. 199.470. Any unmarried adult; generally, spouse must join petition if married. Not yet permitted. Louisiana Single person or married couple jointly. La. CHC 1198, 1202 Not yet permitted. Case law forbids join adoptions by unmarried heterosexual couples. Adoption of Meaux, 417 So. 2d 522 (La. App. 1982). Relatively unfriendly climate. See Scott v. Scott, 655 So.2d 760 (La. App. 1 Cir. 1995) Maine Unmarried person or married couple jointly. 18-A Maine Statutes § 9-103 Not yet permitted. Fairly tolerant. Maryland Any adult. Can't deny petition because applicant is single. Md. Code § 5-309 Approved in lower courts. Positive climate indicated by visitation case, Boswell v. Boswell, 721 A.2d 662 (1998) Massachusetts Any "person of full age." Mass Gen. L. ch. 210, §1 Approved. See Adoption of Tammy, 619 N.E.2d. 315 (Mass. 1993) Michigan Any person. Mich. Probate Code §710.24 Approved in some lower courts but ordered discontinued in Washtenaw County by chief judge (Ann Arbor area). Minnesota Any person. Minn. Stat. § 259.22 Approved in lower courts (Aitkin & Hennepin Counties). Mississippi Unmarried adult or married persons jointly. Same-sex couples expressly prohibited from adopting. Miss. Code § 93-17-3 Not yet permitted. Adverse consideration of gay or lesbian orientation is permitted in custody disputes, but cannot be sole factor. See Morris v. Morris, 783 So.2d 681 (Miss. 2001) Missouri Any person. Mo. Stat. §453.010 Approved in some lower courts. Relatively unfriendly although state supreme court disclaims per se rule against gay parent in custody cases. J.A.D. v. F.J.D., 978 S.W.d2d 336 (Mo. 1998) Montana Unmarried adult, or, generally, married persons peititioning jointly. Mont. Code 42-1-106 Not yet permitted. Uncertain climate. State supreme court struck down statute prohibiting same-sex "deviate sexual relations" in 1997. Grycan v. Montana, 942 P.2d 112 (Mont. 1997) Nebraska Any adult person. Neb. Rev. Stat. §43-101(1) Not permitted in In re Adoption of Luke, 263 Neb. 365, 2002 WL 360741 (March 8, 2002) Nevada Any adult person or any two persons married to each other. NRS 127.030 Approved in lower courts. New Hampshire Unmarried adult; married persons must generally petition together. N.H. Rev. Stat. 170-B:4 Not yet permitted. Statute banning adoption by any lesbian or gay person repealed in 1999. New Jersey Any person. N.J.S.A. 9:3-43 Approved in In re Adoption of two Children by H.N.R., 666 A. 2d 535 (N.J. Super. 1995) Join adoption by unmarried persons permitted by 1997 consent judgment. Tolerant atmosphere overall. New Mexico Any individual. N.M. Stat. 32A-5-11(B) Approved in lower courts. Case law allows enforcement of some agreements between biological parents and their partners concerning child custody or visitation. New York An adult unmarried person or an adult husband and his adult wife together may adopt another person. D.R.L. §110 Approved in In re Jacob, 86 N.Y. 2d 651, 636 N.Y.S.2d 716. 660 N.E.2d 397 (1995) Approved in Matter of Adoption of Carolyn B., N.Y.S.2d, 2004 WL 575028 (N.Y. App. Div., 2004) North Carolina Any adult. N.C. Gen. Stat. 48-1-103. But if petitioner is unmarried, no other person may join. N.C. Gen. Stat. 48-2-301 Not yet permitted. Hostile climate for lesbians and gay men as seen in the custody decision, Pulliam v. Smith, 501 S.E.2d 898 (N.C. 1998) North Dakota Any unmarried adult; married persons must generally petition jointly unless excused by court. N.D. Cent. Code 14-15-03 Not yet permitted. Judicial attitudes show gradual improvement. See Damron v. Damron, 670 N.W.2d 871 (N.Dak. 2003) Ohio Unmarried adult, spouse must generally join petition if married. Ohio R.C. 3107.03 Disapproved by intermediate appellate court in In re Adoption of Jane Doe, 719 N.E.2d 1071 (Ohio App. 9th Dist. 1998). Adoption by gay man allowed in In re Adoption of Charles B., 552 N.E.2d 884 (Ohio 1990) Oklahoma Unmarried adult or married persons jointly. 10 Okla. Stat. 7503-1.1 Not yet approved. Adoption by two divorced ex-spouses (now single) without stable household denied in In re Adoption of M.C.D., 42 P.3d 873 (Okla. App. 2001) Oregon Any person. ORS 109.309(1) Approved in lower courts. Favorable climate. See, e.g., In re Marriage of Ashling, 599 P.2d 475 (Or. App. 1979) Pennsylvania Any individual. 23 Pa. C.S.A. 2312 Expressly permitted by In re Adoption of R.B.F., 803 A.2d 1195 (Pa. 2002). Rhode Island Any person. R.I. Stat. § 15-7-4 Approved in lower courts. State supreme court has enforced agreement between lesbian partners for visitation after breakup. Rubano v. DiCenzo, 759 A.2d 959 (R.I. 2000) South Carolina Any person. SC Laws § 20-7-1680 Not yet permitted. Conservative legal climate but some favorable appellate decisions on child custody or visitation. South Dakota Any adult. S.D. Laws § 25-6-2 Not yet permitted. Tennessee Any person. 36 TCA § 36-1-115 Not yet permitted. Recent signs of growing tolerance. Adoption by individual lesbian approved in In re Adoption of M.J.S., 44 S.W.3d 41 (Tenn. Ct. App. 2000). Sexual orientation neutral visitation standards adopted in Hogue v. Hogue, 2004 WL 578593 (Tenn Ct. App., March 24, 2004). Affirming unrestricted overnight visitation for lesbian mother living with partner, Eldridge v. Eldridge, 42 S.W.3d 82 (Tenn. 2001). Texas Any adult. Tex. Fam. Code. § 162.001 Approved in lower courts. Varying tolerance but frequent hostility to LGBT parents. Utah Any adult. But "a child may not be adopted by a person who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state." Utah Code § 78-30-1(3)(b), (enacted in 2000) Not yet permitted. Joint adoption not permitted under 2000 enactment, which also extends to foster care placements. State's agencies have a history of resistance to adoption by lesbians and gay men. Vermont Any person. 15A V.S.A. § 1-102(a) Approved in Adoptions of B.L.V.B. and E.L.V.B., 628 A.2d 1271 (Vt. 1993), codified at 15A V.S.A. 1-102(b) (if family consists of parent and partner, and adoption is in child's best interest, stepparent adoption may be allowed). Partners in civil unions may adopt on the same terms as spouses. Virginia Any natural person. Va. Code § 63.1-219.9 Not yet permitted. Generally ho...