The information presented here is only meant to offer a brief guide to the adoption law in Connecticut as it applies to gay and lesbian couples. It is not and should not be construed as legal advice. Questions about your individual circumstances should be discussed with a licensed attorney. A Connecticut gay and lesbian rights lawyer at the Law Offices of Irene C. Olszewski, LLC is available to assist you in the co-parent or step-parent adoption process.
On October 1, 2000, Connecticut signed into law Public Act 00-228, amending C.G.S.A. § 45a-724, which created a legal process for "second parent adoption." This law allows an existing parent (biological or adoptive) to agree to the adoption of his/her child by another person "who shares parental responsibility for the child." Under this legislation, your same-gender partner may become a second parent to your child.
The Connecticut adoption process falls under the jurisdiction of the Probate Courts. If you have entered into a valid marriage or civil union, your partner may become a Step-parent to your child; your partner may become a co-parent if you have not entered into marriage or civil union.
Some of the advantages of co-parent or step-parent adoption ("second parent adoption"), from a legal standpoint, are:
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The child will have two legal parents for all purposes. |
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The co-parent or step-parent will not need special permission to seek medical care for the child or to attend school meetings. |
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The co-parent or step-parent will have the legal ability to make decisions for the child in both emergency and day-to-day matters. |
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If one parent dies, the other parent will automatically assume custody of the child. |
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The child would have the automatic right to inherit from the deceased parent even if there is no will. |
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In the event of a separation of the couple or a dissolution of their marriage or civil union, a Court will base its decisions on what is in the best interest of the child rather than on which parent is the legal parent. Both parents would have the right to custody and visitation. |
If You Use A KNOWN Sperm Donor:
It is important to understand that if the sperm donor is known to you, he is considered the legal father of the child until such time that the Probate Court issues a decree (order) to terminate his parental rights (whether or not you list his name on the child’s birth certificate). This procedure must occur before an adoption petition can be heard by a Probate judge. Please consult a licensed attorney before inseminating with the sperm of a known donor to understand the specifics of this legal procedure.
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Known Sperm Donors and the Same-Sex Couple Adoption Process |
Yes. In order for a Connecticut Probate Court to have jurisdiction over the adoption, you, your same-sex spouse or partner, and the child must be residents of the State of Connecticut.
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Establishing Residency in Connecticut for Co-Parent or Step-Parent Adoption |
What if We Were Married (or Had a Civil Union) in Connecticut but Live in Another State?
The Connecticut residency requirement still applies.
What if I Gave Birth in Connecticut but We Live in Another State?
The Connecticut residency requirement still applies.
| Download our brochure: Co-Parent and Step-Parent Adoption for Lesbian & Gay Couples (.pdf) |
Click to read
Posts on Step-Parent & Co-Parent Adoption from the
Blog: Connecticut Lesbian and Gay Law
Read the Article: "A Year of Questions" **
(**Published in Connecticut Law Tribune 12/14/09 about same-sex marriage 1 year after legalization in CT.
Attorney Olszewski was interviewed for this article)
Read the Article: 'In Transition: Advocates push for stronger bans on transgender bias' **
(**Published in Connecticut Law Tribune 3/28/11. Attorney Olszewski was interviewed for this article)
Read the Article: ‘Connecticut Did Right Thing’ **
(**Published in Connecticut Law Tribune 10/13/08. Attorney Olszewski was interviewed for this article)
Read the Article: 'Note to N.Y.: 'Legal' doesn't mean 'equal' say local couples'**
(**Published in Connecticut Post online 7/2/11. Attorney Olszewski was interviewed for this article)
Blog: Connecticut Lesbian and Gay Law
Blog: Attorney O's Midnight Musings
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Our Page is titled Law Offices of Irene C. Olszewski, LLC
Twitter: Irene_Olszewski (note the underscore)
The Law Offices of Irene C. Olszewski, LLC facilitates lesbian and gay co-parent & step-parent adoption and other legal matters for clients throughout the state of Connecticut including Hartford County, Tolland County, Middlesex County, New Haven County, New London County, Litchfield County, Windham County, and Fairfield County; and the cities of Hartford, East Hartford, Glastonbury, Manchester, Wethersfield, Tolland, Vernon, Rocky Hill, West Hartford, Rockville, Portland, Ashford, Windham, Ellington, Coventry, Colchester and all other Connecticut towns.
Disclaimer: This website is for informational purposes only. It is not intended to be and should not be construed as legal advice. Use of this website and/or the information contained on this website is not intended to create an attorney-client relationship. All legal questions should be addressed to a licensed attorney.
East Hartford, Connecticut Lesbian and Gay Rights Lawyer
East Hartford, Connecticut Co-Parent Adoption Lawyer for Lesbian and Gay couples
East Hartford, Connecticut Step-Parent Adoption Lawyer for Lesbian and Gay couples
Law Offices of Irene C. Olszewski, LLC
