Transgender Adoption in California

Pleasanton CA family law attorneyMaking the choice to adopt a child can be an exciting and sometimes stressful process for those who want to become parents. There’s extensive paperwork involved for opposite sex and same sex couples alike and then a potentially long waiting period for an answer. The couple wanting to adopt will also have to go through an intense interviewing process to make sure everything checks out from a legal stance in order to be considered fit for parenting. Given all this red tape, what does this mean for those who identify as transgender and who are also wanting to adopt?

Transgender Adoptions Often Face Pushback Across the US

Currently, there are 21 states that do not have a statute system in place for the protection against gender bias when it comes to foster care and adoption. There are five additional states that currently only protect potential adopters against discrimination based on parental sexual orientation alone, but not against gender bias.

In states where transgender persons aren’t protected, there may be pushback while going through the adoption process from the adoption agency itself or within the court system. The adoptive parent in question might be scrutinized more closely than an adoptive parent who doesn’t identify as transgender.

Fortunately, the state of California is less prohibitive when it comes to gender-based adoption laws. In fact, there are now 24 states (including California) that have statutes in place that specifically prohibit parental discrimination based on gender identity within the foster and adoptive care system.

A parent’s transition to another gender is not likely to influence a child’s own gender identity or their sexual orientation. Courts judge by a standard of what’s in the best interest of the child, and traditional gender roles are usually found to be irrelevant in cases of transgender parental adoption rights.

Learn More About Transgender Adoptions in CA

If you have any questions about how child adoption works in regards to LGBT rights  in the state of California, call the Law Offices of James P. White today at 925-271-0999. You can schedule a free initial consultation with one of our experienced family law attorneys.