LGBT Adoptions in Utah

In 2014, same-sex marriage became legal in Utah, after nearly a year of court battles. This was a surprise to many Utahns, but not us here at the Alder Law Group. Our founder pioneered legal co-guardianships for same-sex couples in Utah long before same-sex marriage became legal in the Beehive state.

We are still strongly committed to same-sex couples in the state and we plan on continuing our support for the LGBT community. Since same-sex marriage adoption is relatively new in Utah, it is crucial to understand the laws surrounding adoption in Utah. If you are interested in same-sex marriage adoption, we can help.

A Landmark Decision

In December 2013, the U.S. District Court for the District of Utah found the same-sex marriage ban, passed by voters in 2014, to be unconstitutional. This resulted in many other state same-sex marriage bans to be overturned in the following months.

It seemed as if Utah, one of the nation’s most conservative states, was paving the way for LGBT rights. On June 26, 2015, nearly a year and a half after Utah’s ban was overruled, the Supreme Court ruled in favor of same-sex marriage, making it legal nationwide.

Although same-sex couples are allowed to marry and adopt children, legal challenges still persist. In late 2015, Utah’s 7th District Court Juvenile Judge Scott Johansen ordered a foster child to be removed from the care of a same-sex couple. He said that he had research to back up the claim that children do better in heterosexual homes. Needless to say, his order was reversed soon after.

LGBT Adoption in Utah

While challenges to this law will surely persist, we are strongly committed to the LGBT community in Utah. Because of our commitment to this community, we believe it is our obligation to explain the laws surrounding LGBT adoption in Utah. The types of adoption that are legal in Utah regarding same-sex relationships are:

  • Foster care adoptions
  • International adoptions
  • Infant adoptions
  • Joint LGBT adoptions where neither parent is biologically related to the child
  • Step-parent adoption
  • Adoptions for children conceived via artificial insemination or surrogate mothers

As you can tell, these are the same types of adoptions available for heterosexual partners, making LGBT and heterosexual adoptions equal.

If you are in a same-sex relationship or marriage and wish to adopt a child, we are here to help. As a pioneer for LGBT rights in Utah, we have the knowledge and expertise to help you through the entire process. Contact us here or call us at 801.463.2600 to schedule your free adoption consultation.