Adopting a child is a wonderful way to expand your family and provide a loving home to a child in need. However, adoption is a complex process, with each state having unique regulations that are best navigated with help from an attorney. In particular, same-sex couples may have more challenges finalizing adoption, even though Minnesota permits it. Here are answers to several common questions that people have about the process.

What You Should Know About Same-Sex Adoption in Minnesota

Can couples file independently or jointly?

A single LGBT person can file a petition with the court to adopt a child in Minnesota. A same-sex couple is likewise permitted to file jointly for adoption. This means that as long as you have a stable financial footing and can provide a safe, nurturing home, the state will allow you to adopt a child. Same-sex marriage has been legal in Minnesota since 2013—before it became legal nationwide in 2015.

Can an LGBT person adopt their partner's child from a previous relationship?

Yes. If an LGBT person enters a relationship with someone who already has a child with a previous partner or adoption, they can petition to adopt that child. With Minnesota's recognition of same-sex marriage in 2013, this form of adoption—known as stepparent adoption—also became available to same-sex couples. Before this time, this was available only to heterosexual couples.

What are the rights of an adoptive parent?

After an LGBT person adopts a child in Minnesota, they have the same legal rights as a biological parent. They can make decisions regarding the minor's welfare, such as the religion they practice, school they attend, and healthcare they receive. They are fully responsible for caring for and nurturing the child, ensuring they grow up to be healthy members of the community.

Why should LGBT parents establish a legal parent-child relationship?

Under Minnesota law, if a child is born to a married heterosexual couple, the man and woman in the marriage are legally considered the child's parents. This is more complex for same-sex couples. If one person in the couple gives birth to a child, the court will consider them the biological and legal mother and grant them full rights. However, it remains unclear whether the courts will presume the other parent as a legal parent without a biological link. This is why attorneys recommend pursuing legal adoption for the spouse, as it ensures they have rights to the child's welfare.

If you need help navigating the process of same-sex adoption in Minnesota, contact Greg Mulligan Law Office in Minneapolis. This attorney has more than 30 years of experience helping people with everything from bankruptcy to criminal defense and family law. Visit him online for more information about his services. Call (952) 832-5250 to schedule an appointment.