Adopting as a Trans Person

Just like anyone else, transgender people have the right to find joy and fulfillment in forming their family through adoption. If you’re trans and thinking about adoption, you likely have questions about how the process works and what your rights are. This article shares everything you need to know to start your adoption journey as a trans person or couple.

Can You Adopt as a Trans Person?

Yes, transgender individuals and couples can legally adopt children in Illinois and other states in the U.S. No state law prevents trans people from adopting. However, you might face some extra challenges along the way.

Although you have the legal right to adopt as a trans person, you may, unfortunately, still face discrimination throughout the process. Some adoption agencies may treat trans prospective parents unfairly, and certain birth parents may not feel comfortable with LGBTQ families. You could also run into issues if you’ve changed your name or gender marker on your ID.

The good news is that there are many LGBTQ-friendly support groups, adoption agencies, and lawyers who can help you through the process. While it’s possible to adopt on your own, it can be a long and difficult journey without the right support. With the help of experienced professionals, many trans people are able to adopt and build the loving families they’ve always wanted.

Understanding Adoption as a Trans Person

The adoption process is generally the same for everyone, but transgender individuals may need to consider a few additional factors:

• Dealing with documentation issues if your legal ID doesn’t match your gender identity
• Deciding whether to disclose your transgender status during the home study
• Finding adoption agencies and professionals who are genuinely LGBTQ-friendly
• Being prepared for possible bias from birth parents or others involved in the process

Being ready for these challenges doesn’t mean you’ll face them all. But being informed and having the right support can help you move forward with greater confidence.

What Laws Protect LGBTQ Adoptions?

Several laws and court decisions protect the rights of LGBTQ individuals to adopt and care for foster children:

• In Illinois, the Foster Children’s Bill of Rights Act says agencies can’t treat you differently because of your gender identity. If you’re a qualified parent, then you have the same opportunity as anyone else to give a loving home to foster children.
• The 2015 Supreme Court decision in Obergefell v. Hodges established marriage equality. This decision means married same-sex couples now have the same legal rights as straight couples. This is important for joint adoptions, where both parents want equal legal rights to their child from the beginning.
• The Illinois Human Rights Act prohibits discrimination based on gender identity in many contexts. This protection doesn’t just apply to adoption agencies. It helps protect you from discrimination in other parts of life, like finding a place to live or getting a job, while you’re going through the adoption process.

These laws mean that adoption agencies that get money from the state can’t say no to you just because you’re transgender. Private religious agencies might have different rules, so finding the right agency matters.

Best Methods for Adopting as a Trans Person or Couple

Trans individuals and couples have a few different options for adopting a child:

• Public agency adoption: Going through the foster care system can cost less, but might take more time.
• Private agency adoption: Finding an agency that frequently works with LGBTQ families is often your best bet.
• Independent adoption: Working with birth parents with the help of a lawyer is another great option.
• Second parent adoption: If one partner is already the child’s biological parent, this gives the other parent legal rights, too.
• International adoption: This can be harder for trans people because each country has different laws, but it’s still possible if you have the right support.

When deciding on how you want to adopt, consider costs, how long it might take, the age of the child, and how much contact you want with the birth family.

Your Next Steps

Adopting as a transgender person is certainly possible, and it happens successfully every day. However, it’s important to know your rights, get ready for the process, and work with lawyers and agencies who have helped LGBTQ families adopt before. Every adoption journey is different, and having good support makes a big difference.

At Metz & Jones LLC, we’ve spent over 40 years helping LGBTQ individuals and families with adoption and family law. As a women-owned firm, we understand the unique challenges you may face and offer legal guidance in a warm, welcoming environment.

Call us today at (773) 878-4480 or contact us online to learn how we can help you build your family through adoption.