Helping your gay or lesbian client reach their goal to be a parent through adoption is a very enriching and rewarding experience. Below are a few tips to guide you in representing gay and lesbian clients. 

Know the law.  When a gay or lesbian client comes in for a consult, be sure you know the adoption laws in your state and local jurisdiction. While a state may not specifically allow or preclude a second parent adoption[1], some jurisdictions will allow them to proceed as joint or step-parent adoptions and some counties may be more favorable than others when it comes to granting adoptions by same-sex couples. 

Identify the type of adoption.  There are numerous ways same-sex couples may want to create their family through adoption.  At the consult, be sure you identify the type of adoption being sought.  Your client may (a) want to adopt a child domestically or internationally now so her/his partner can later adopt the child; (b) be a birth or adoptive parent who wants her/his partner to adopt his/her child; or (c) your client’s partner may already have a birth or adopted child and your client wants to adopt their partners’ child. 

Establish who you represent.  Gay and lesbian clients often seek out legal advice as a couple.  The potential for conflict exists with second parent adoptions because the legal parent is giving up his/her exclusive constitutional right to parent his/her child and the adopting parent is taking on the legal responsibility of parenting and supporting the child even after a dissolution.  Be clear in your retainer agreement about conflicts, waivers and who is the client. 

Know the legal impact for your client and be prepared to discuss what rights he/she is giving up or gaining by adopting the child.[2]  This includes being familiar with the tax benefits and consequences of adoption.  While you need not be an expert on tax law, you should be aware of the State and Federal tax benefits to the adopting parent and advise your client to seek tax advice regarding dependents, filing status and exemptions.

Network with experienced attorneys.  Representing gay and lesbian adoption clients requires a lot of attention to details, so it is helpful to initially reach out to others with legal experience in this area to ask questions and seek assistance with the adoption process.