Same-sex adoption

Prevalence of adoption

Statistics on the prevalence of adoption by same-sex couples across countries where it is legal are not consistently available.

In 2022, 1 in 6 adoptions in England were by same-sex couples. This number was a 17.4% rise from the previous year.^[6]

In the United States, as of 2024, 18% of all LGBTQ people (~2.57 million adults) parent children in their homes, with 14% of same-sex couples (167,000) parenting a minor in their homes. 21% of same-sex couples adopt which is a much higher rate than in different-sex couples (3%).^[7]

Quality of life outcomes

A common argument against the legalization of same-sex adoption is that children adopted by same-sex couples would have poorer quality of life outcomes. Overall, scientific research indicates that the children of same-sex couples fare just as well as the children of different-sex couples.^[8][9]

A 2004 study concluded that the sexual orientation of parents did not predict better or poorer "adoptive family functioning, adopted child's behavior, and parent's perceptions of helpfulness from family support networks".^[10]

A 2010 study evaluated the outcomes of young adopted children who had been placed in one of 56 lesbian and gay households since infancy. The study found no significant associations between parental sexual orientation and child adjustment.^[4]

Research published in 2009 studied 1,384 children with either heterosexual or same-sex adoptive parents and concluded that problematic behavior in children was not dependent on whether they had same-sex or opposite sex parents. The study also found that "adoptive parents are likely to encounter similar challenges in terms of risk factors for child behavioral problems and mitigating factors of such behavior."^[11]

A 2016 study of adopted children of same-sex parents showed that they perceive themselves to be more accepting, understanding and compassionate than children of different-sex parents. The children in the study also indicated that they often avoid sharing that their parents are lesbian or gay, and that many experience bullying or teasing.^[12]

Arguments

The adoption of children by LGBT people is an issue of active debate. In the United States, for example, legislation to prevent adoption by LGBT people has been introduced in many jurisdictions; such efforts have largely been defeated. Prior to 1973, state courts commonly barred gay and lesbian individuals from holding a parenting role, especially through adoption.^[13]

Major professional organizations have made statements in defense of adoption by same-sex couples. The American Psychological Association has supported adoption by same-sex couples, citing social prejudice as harming the psychological health of lesbians and gays while noting there is no evidence that their parenting causes harm.^{[14][15][16][17]} The American Medical Association has issued a similar position supporting second parent adoption by same-sex partner, stating that lack of formal recognition can cause health-care disparities for children of same-sex parents.^[18]

The following arguments are made in support of adoption by LGBT parents:

• The right of a child to have a family, guardians or people who can take care of their wellbeing.^[19]
• Human rights – child's and parent's right to have a family life.^[20]
• There are almost no differences between children raised by same-sex or straight couples.^[21][22][23] For that reason, sexual orientation of the parents has almost no relevance when it comes to raising a child.^[24]
• Evidence confirming that, despite the claims of those opposed to LGBT+ parenting,^[25] same-sex couples can provide good conditions to raise a child.^[26][27]
• For children, adoption is a better alternative to orphanage.^[28][29][30]
• Fewer formalities for step-parents in everyday life, as well as the situation of a death of a biological parent of a child.^[31][32]

Public opinion

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Opinion polls for same-sex adoption in Europe

Country	Pollster	Year	For	Against	Don't Know/Neutral/No answer/Other
Austria	Eurobarometer	2023	65%[33]	30%	5%
Belgium	Ipsos	2021	72%[34]	21%	7%
Bulgaria	Eurobarometer	2006	12%[35]	68%[35]	20%[35]
Cyprus	Eurobarometer	2006	10%[35]	86%[35]	4%[35]
Czech Republic	CVVM	2019	47%[36]	47%	6%
Denmark	Pew Research Center	2017	75%[37]	-	-
Estonia	HumanrightsEE	2023	47%[38]	44%[38]	9%[38]
Finland	Taloustutkimus	2013	51%[39]	42%[39]	7%[39]
France	Ipsos	2021	62%[34]	29%	10%
Germany	Ipsos	2021	69%[34]	24%	6%
Greece	KAPA Research	2023	53%[40]	41%[40]	6%[40]
Hungary	Ipsos	2021	59%[34]	36%	5%
Ireland	Red C Poll	2011	60%[41]	-	-
Italy	Eurispes	2023	50.4% [42]	49.6%	0%
Latvia	SKDS	2023	27%[43]	23%[43]	46%[43]
Lithuania	Eurobarometer	2006	12%[35]	82%[35]	6%[35]
Luxembourg	Politmonitor	2013	55%[44]	44%[44]	1%[44]
Malta	Misco	2014	20%[45]	80%[45]	-
Netherlands	Ipsos	2021	83%[34]	12%	5%
Norway	YouGov	2012	54%[46]	34%[46]	12%[46]
Poland	Ipsos	2021	33%[34]	58%	10%
Portugal	Pew Research Center	2017	59%[47]	28%[47]	13%[47]
Romania	Eurobarometer	2006	8%[35]	82%[35]	10%[35]
Russia	Ipsos	2021	23%[34]	67%	10%
Serbia	Civil Rights Defenders	2020	22.5%[48]	-	-
Slovakia	Eurobarometer	2006	12%[35]	84%[35]	4%[35]
Slovenia	Delo Stik	2015	38%[49]	55%[49]	7%[49]
Spain	Ipsos	2021	77%[34]	17%	6%
Sweden	Ipsos	2021	79%[34]	17%	4%
Switzerland	Pink Cross	2020	67%[50]	30%[50]	3%[50]
Ukraine	Gay Alliance of Ukraine	2013	7%[51]	68%[51]	12% 13% would allow some exceptions[51]
United Kingdom	Ipsos	2021	72%[34]	19%	9%

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Opinion polls for same-sex adoption in Americas

Country	Pollster	Year	For	Against	Don't Know/Neutral/No answer/Other
Argentina	Ipsos	2023	71%[52]	24%	6%
Brazil	Ipsos	2023	69%[52]	22%	9%
Canada	Ipsos	2023	74%[52]	17%	9%
Chile	CADEM	2022	70%[53]	28%	2%
Colombia	Ipsos	2023	53%[52]	40%	7%
Mexico	Ipsos	2023	60%[52]	34%	6%
Peru	Ipsos	2023	51%[52]	42%	7%
United States	Ipsos	2023	64%[52]	26%	10%
Uruguay	Equipos Consultores	2013	52%[54]	39%	9%
Venezuela	Equilibrium Cende	2023	48%[55] (55%)	39% (45%)	13%

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Opinion polls for same-sex adoption in Oceania

Country	Pollster	Year	For	Against	Don't Know/Neutral/No answer/Other
Australia	Ipsos	2021	71%[56]	21%	8%
New Zealand	Research New Zealand	2012	64%[57]	31%	5%

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Opinion polls for same-sex adoption in Asia

Country	Pollster	Year	For	Against	Don't Know/Neutral/No answer/Other
China	Ipsos	2021	66%[58]	30%	4%
India	Ipsos	2021	66%[58]	21%	13%
Israel	Midgam Institute	2017	60%[59]	-	-
Japan	Ipsos	2021	68%[58]	20%	13%
Malaysia	Ipsos	2021	24%[58]	65%	11%
Russia	Ipsos	2021	23%[58]	67%	10%
South Korea	Ipsos	2021	46%[58]	45%	9%
Turkey	Ipsos	2021	39%[58]	44%	18%

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Opinion polls for same-sex adoption in Africa

Country	Pollster	Year	For[a]	Against[a]	Neither[b]	Margin of error	Source
Kenya	Pew Research Center	2023	9%	90%	1%	±3.6%	[60]
Nigeria	Pew Research Center	2023	2%	97%	1%	±3.6%	[61]
South Africa	Ipsos	2023	57% (66%)	29% [10% support some rights] (34%)	14%	±3.5% [c]	[60]
	Pew Research Center	2023	38%	58%	4%	±3.6%	[61]

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Africa

Americas

Asia

LGBT rights for adoption of children in Asia are almost nonexistent, except in Israel, Thailand (TBD) and Taiwan. Some Asian countries still criminalize same-sex activities and do not have anti-discrimination laws, which are obstacles for legislating for LGBT adoption.^[156]

Israel

The issue of same-sex adoption has been the subject of a long-running political and legal battle in Israel that was resolved in December 2023, when the Israeli Supreme Court interpreted existing law to allow same-sex adoptions, as the law gives absolute priority to the welfare of the child and not to the gender of its parents.^[157][158]

Europe

In February 2006, France's Court of Cassation ruled that both partners in a same-sex relationship can have parental rights over one partner's biological child. The result came from a case where a woman tried to give parental rights of her two daughters to her partner, with whom she was in a civil union.^[160] In the case of adoption, however, in February 2007, the same court ruled against a lesbian couple where one partner tried to adopt the child of the other partner. The court stated that the woman's partner cannot be recognized unless the mother withdrew her own parental rights.^[161][162] On 17 May 2013, French President François Hollande signed into law the bill that opened marriage and adoption rights linked to it for same sex couples.^[163]

In 1998, a nursery school teacher from Lons-le-Saunier, living as a couple with another woman, had applied for an authorization to adopt a child from the département (local government) of Jura. The adoption board recommended against the authorization because the child would lack a paternal reference, and thus the president of the département ruled against the authorization.^[164] The case was appealed before the administrative courts and ended before the Council of State, acting as supreme administrative court, which ruled against the woman.^[165] The European Court of Human Rights concluded that these actions and this ruling were a violation of Article 14 of the European Convention on Human Rights taken in conjunction with Article 8.^[164][166]

On 2 June 2006, the Icelandic Parliament unanimously passed a proposal accepting adoption, parenting and assisted insemination treatment for same-sex couples on the same basis as heterosexual couples. The law went into effect on 27 June 2006.

In Bulgaria, according to the Ministry of Justice the laws regarding adoption "lack a norm, concerning the sexual orientation of the individuals". Therefore, a single gay person or same-sex couples may adopt.^[167][168]

On 17 May 2013, the Portuguese parliament approved a bill in first reading allowing "co-adoption" of the biological or adopted child of the same-sex spouse or partner, where that spouse or partner is the only legally recognized parent of the child (e.g. the mother with the natural father not being registered). However, in October 2013 members of parliament opposed to the bill proposed a referendum on the issue and killed a motion to have the second vote in the plenary;^[169][170] the motion on the possible referendum was then considered,^[171] but the Constitutional Court declared it unconstitutional.^[172] On 14 March 2014, the original bill was rejected in second reading.^[170] On 20 November 2015, 5 proposals from several left-wing parties were voted favourably by the new parliament as result of 4 October General Elections.^[170]

In July 2014 through Life Partnership Act Croatia recognized an institution similar to step-child adoption called partner-guardian. A partner who is not a biological parent of a child can share parental responsibilities with a biological parent or parents if they agree to it, or if the court decides it is in the best interest of a child. Additionally, a biological parent or parents can temporarily give a partner who is not a biological parent full parental responsibilities. A partner who is not a biological parent can also gain permanent parental responsibilities through an institution of partner-guardian if both biological parents of a child have died, or exceptionally if a second biological parent of a child is unknown, and if the court decides it is in the best interest of a child.^[173]

In January 2015, the Constitutional Court of Austria found the existing laws on adoption to be unconstitutional and ordered the laws to be changed by 31 December 2015 to allow joint adoption by same-sex couples in Austria.^[174][175]

On 6 April 2015, the Children and Family Relationships Bill 2015 passed by Parliament in March 2015 which extends full adoption rights to cohabiting couples and those in civil partnerships was promulgated by the President of Ireland. The law went into effect a year later on 6 April 2016.^{[176][177][178][179]}

On 20 November 2015 the Portuguese Parliament approved; by 141 votes against 87 with 2 abstentions; a diploma presented by all the parties (except the right-wing PàF) to allow same-sex adoption. On 26 January 2016, the conservative Portuguese President Aníbal Cavaco Silva vetoed the bill and a week later the Portuguese Parliament overridden the veto. The law went into effect on 1 March 2016.^{[180][181][182]}

On 22 June 2016 the Italian Supreme Court of Cassation upheld a lower court's decision to approve a request for a lesbian to adopt her partner's daughter. Prosecutors had appealed against the decision by the Rome court of appeal. Decisions by the supreme court set a precedent.^[183]

In December 2020, Hungary explicitly legally banned adoption for same-sex couples within its constitution.^[184][185]

In April 2021, a court in Croatia ruled that same-sex partners have the right to adopt children.^[186] In May 2022, the High Administrative Court affirmed the ruling and rejected the appeal of the responsible Ministry.^[72]

In June 2022, the Constitutional Court of Slovenia ruled that same-sex partners have the right to jointly adopt.^[187] On 4 October 2022, the National Assembly (lower chamber of Slovenian parliament) passed the relevant act implementing this judgement, but a week later, the act was vetoed by the National Council (upper chamber of the parliament). This is to be followed by another vote on the act in the National Assembly and potentially a national referendum.^[188]

Estonia and Greece since 2024, allows full-joint adoption of children by same-sex couples - along with same-sex marriage being legalized at the same time.^[189]

On 1 January 2025, the Czechia will allow same-sex couples “partial adoption” of their own biological child or children - but not full joint adoption.^[190]

Oceania