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Home > Articles > California Child Custody Law Gay Step Parents

California Child Custody Law Gay Step Parents


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According to the current census reports, there are around half a million children in the US who are under care of different states and different adoptive agencies. Around 100,000 of these kids need to be adopted by prospective parents. But, only 20,000 of these children could be provided with eligible adoptive parents. Hence, for the sole purpose of finding safe, healthy and productive homes for these children and increasing the number of adoptive parents, California adoption system has adapted itself to the changing conditions. It has introduced legislation allowing even couples of same sex to adopt children.

According to the modifications that came into effect from January 1, 2005, all the gay couples and domestic partners are entitled to have the rights and obligations similar with legally married heterosexual couples under the state law. These domestic partners would be considered as the legal parents of the adopted child if they legally adopt him.

In nine US states, gay / lesbian individuals and couples have the legal permission to adopt children, with California being the first. While adopting a child by a gay couple, the parental rights of one legally recognized parent remain intact. But, the other parent needs to file a petition for a second parent adoption or adoption by a non-marital partner. Second parent adoption is the only way for gay couples to both become the legal parents as per the law.

Children who do not have any permanent homes or growing under an average foster care center have to bear several damages including emotional disturbances, delinquency and educational problems. Providing a better home for these children through adoption services is a better alternative. According to a statement released by Child Welfare League of America’s Standard of Excellence for Adoption services, the eligibility of an adoptive parent should be decided based on his ability to provide a caring family, rather than on his race, ethnic origin, gender orientation, income, age, marital status, religion or appearance.

If you are seeking information related to child custody law and gay step parents you would do well to consult an attorney in your jurisdiction to help you learn where you stand legally on this matter and learn what your legal rights and legal options are.

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Child Custody Coach supplies information, written materials, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, divorce, child custody evaluations, parenting, and all child custody related issues. Custody Match is an online consumer and family law attorney matching service to help consumers find the right family law attorney, divorce lawyer, or child custody attorney in their area.

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