In short, yes. Same-sex couples can adopt children in Kentucky. That said, this has not always been so clear, and even today, LGBT couples may face challenges in expanding their families through adoption that heterosexual couples may not.
The legal landscape of adoption laws and policies has undergone many changes over the years, leaving many prospective parents wondering what their options are for same-sex adoption in the Bluegrass State. In this blog post, we will discuss the rights of LGBT couples as they pertain to adoption in Kentucky. Keep reading to learn more and see how Pamela C. Bratcher, Attorney at Law, can help you fight for your rights and grow your family today.
Same-Sex Adoption Laws in Kentucky
Same-sex couples in Kentucky are free to adopt. However, this was not always the case.
Prior to the landmark 2015 Supreme Court case, Obergefell v. Hodges, many states, including Kentucky, did not recognize same-sex marriages. This lack of legal recognition often created legal barriers for same-sex couples seeking to adopt, as they were not afforded the legal benefits and protections associated with marriage.
The Obergefell v. Hodges decision, however, changed the legal landscape by ruling that state bans on same-sex marriage are unconstitutional. As a result, same-sex couples were finally entitled to the same legal rights as opposite-sex couples, including the right to adopt children.
Today, Kentucky does not have any laws prohibiting or specifically addressing same-sex adoption within the state. Thus, there are no laws prohibiting LGBT individuals or couples from seeking to adopt children.
Gay Couple Adoption Statistics
Even though same-sex adoption is legal in Kentucky, many may still wonder whether and to what extent such adoptions occur. Rest assured that many LGBT couples have successfully adopted children in the state.
According to data published by the US Census Bureau’s American Community Survey (ACS) in 2014, nearly a quarter of all same-sex couples in Kentucky were raising minor children in the home at that time. Nearly 8% of these children of same-sex couples were adopted.
LGBT Adoption Rights
Again, there are no statutes on the books in Kentucky differentiating between same-sex and heterosexual adoption. Thus, LGBT couples have the same adoption rights as any other couple within the state. This also means that LGBT couples must go through the same process to adopt a child.
Steps in the adoption process for both same-sex and opposite-sex couples frequently include:
- Submitting an adoption application,
- Paying filing and other fees,
- Completing background checks,
- Attending parenting classes,
- Preparing and submitting personal statements,
- Scheduling interviews and home visits with a social worker, and
- Attending post-placement visits.
Regardless of your sexual orientation, it’s important to have a basic understanding of the Kentucky adoption process so you know what you can expect. If you have questions about how to navigate the process as a same-sex couple, consider speaking with a family law and adoption attorney.
Challenges for LGBT Couples Looking to Adopt
While same-sex couples in Kentucky have a legal right to adopt children, the unfortunate reality is that many may still face challenges due to societal attitudes and the wrongful discriminatory practices of certain individuals.
For example, in 2017, a Kentucky judge made national headlines for refusing to hear adoption cases involving LGBT individuals. This judge’s actions were met with staunch criticism, leading to his eventual resignation.
If you have faced any challenges or barriers to adopting as a result of your sexual orientation, know that this is improper and a violation of your legal rights.
Speak with a Kentucky Family Law Attorney Today
Same-sex couples have a legal right to adopt children in Kentucky. If you are in the midst of the adoption process and have questions about the process before getting started, the Law Office of Pamela C. Bratcher is here to help.
With over 30 years of legal experience in both state and federal court, we have the background, knowledge, and resources necessary to help you fight for your rights. Contact our office for a free initial consultation to discuss your case and see how we can help you move forward with your Kentucky adoption today.