The United States recently became signatories to the Hague Adoption Convention, which protects children and families against unregulated adoption risks and issues involving intercountry adoption. The move closes off adoption from some countries where families previously could adopt children, and will make international adoption even harder for LGBT families. Windy City Times spoke with Hilary Neiman, attorney for The National Adoption and Surrogacy Center, LLC, in Rockville, Md., about the adoption climate for LGBT parents.
Windy City Times: Could you explain some of the implications of the U.S.'s decision to sign the Hague Adoption Convention?
Hilary Neiman: Countries where the U.S. was formally able to adopt from that were LGBT friendly, such as Guatemala, are no longer adoption options for the U.S. because these countries are not signatories of the Hague Convention. To further complicate matters, many countries around the world are also in a period of transition and are changing their own adoption regulations. For example, China, which used to allow adoption by unmarried persons, is now prohibiting adoptions by parents who are unmarried. China's reasoning is that they wanted to increase their own domestic adoption program. Consequently very few countries are currently open to the LGBT community.
WCT: What is the current situation for LGBT adoptive parents in the U.S.?
HN: Although the adoption climate is not favorable for international adoptions, the domestic situation is still a great option for the LGBT community. In fact, there is a huge demand for parents and singles to adopt in the U.S. Families can choose either foster care adoption, domestic independent adoption, or domestic agency adoption. ... Another great family building option is surrogacy.
WCT: When considering surrogacy, what should potential parents keep in mind?
HN: In many states, such as Maryland and California, two dads' or two moms' names can go directly on the birth certificate. In other states, only one parent would be able to go on the birth certificate and the other parent would have to go through a second-parent adoption after the child is born. However, in some states, second-parent adoptions are not legal. Therefore, it is important to work with a surrogate in a surrogate-friendly state.
It is also important that parents and their surrogate enter into a carefully and properly drafted contract. It is necessary that all parties understand their rights and responsibilities. A surrogacy contract should detail each party's duties and all the critical issues involved in the surrogacy process, such as confidentiality, abortion/selective reduction issues, medical/psychological screening, parental rights, contact, compensation, and expectations. Both the parents and the surrogate need to feel comfortable with the contract before moving ahead. Whether pursuing adoption or surrogacy, it is important to consult with an adoption and/or surrogacy attorney to make sure that you are well protected before you start down your road to parenthood.
WCT: Overall, have things improved or declined for LGBT couples over the past few years?
HN: In domestic adoption and surrogacy, the situation has improved. For example, many states are now allowing two dads and two moms' names to go directly on the birth certificate in a surrogacy situation. And, in some states, LGBT couples can adopt together ( as opposed to adopting as a single person and then having the other partner do a second-parent adoption ) . It's a tough time for international adoptions right now though. Very few countries will allow single women to adopt and no countries will allow single men.
WCT: What should Illinois LGBT families understand about the adoption climate?
HN: They have many options and Illinois is a GLBT friendly adoption/surrogacy state. However, intended parent's birth parents ( with an adoption situation ) or surrogate do not have to reside in Illinois.
See www.hilaryneiman.com .
