LGBTQ+ Parents and Adoption
In March 2023, Haley Swenson and her partner, Alieza Durana, experienced the joy of welcoming a baby boy after many rounds of fertility treatments.
However, only Swenson was recognized as the child’s legal parent because she gave birth, leaving Durana needing to officially adopt their son.
Initially, the hefty cost of adoption—amounting to several thousand dollars—caused them to delay the process.
This all changed the day after Donald Trump’s reelection.
Suddenly, the couple felt a pressing urgency to cement their parental rights, driven by concerns that the new administration might roll back protections for LGBTQ+ families.
The thought of what their family’s future could look like under Trump set them into action.
As they, along with many other queer parents nationwide, prepared for what they believed could be a challenging political atmosphere, they sought legal guidance and gathered resources to protect their rights as a family.
They were particularly troubled by “Project 2025,” a comprehensive list of policy goals for a potential second Trump term.
It emphasizes a return to traditional family models and raises alarms about reducing rights for LGBTQ+ parents.
This document hints at a shift away from LGBTQ+ equity initiatives and advocates for policies that support “stable, married, nuclear families.” Furthermore, the prospect of re-evaluating past court cases concerning LGBTQ+ rights—especially with Justice Clarence Thomas’s comments after Roe v. Wade—exacerbates their fears.
Legal Guidance and Family Stability
Swenson expressed her exasperation at the uncertainty surrounding the new administration’s agenda.
It felt overwhelming to figure out how best to ensure their family was protected.
Their decision to act swiftly arose from a deep-seated need to guarantee that their child would always be legally recognized as theirs.
In the wake of the election, the couple scrambled to prepare necessary documents and sought help from family and friends to fund an attorney.
Their aim was to complete the adoption process well before Trump was set to take office in late January, understanding that simply being listed on the birth certificate wouldn’t establish Durana’s legal parental rights, particularly in an increasingly volatile atmosphere for LGBTQ+ rights.
Within a week, they managed to raise the $3,500 needed to initiate the process.
As they delved deeper into research, Swenson attended a webinar focused on legal strategies for LGBTQ+ families, where many participants shared similar adoption concerns.
Meg York, a legal expert with Family Equality, a nonprofit committed to supporting LGBTQ+ families, has noted a significant uptick in inquiries about adoption.
She emphasized that safeguarding family stability is of utmost importance.
Without proper court recognition, LGBTQ+ parents risk their parentage being challenged, especially given the diverse family law regulations across different states.
The Adoption Process and Financial Strain
Legal professionals often recommend that same-sex couples obtain court orders to ensure their parental rights are upheld under the “full faith and credit” clause of the U.S. Constitution.
Couples can choose between adoption and parentage orders; both options provide legal recognition across state lines and solidify their standing legally, even in states that may try to diminish protections for LGBTQ+ families.
The adoption route involves extensive background checks and court hearings, making it a credible path for non-biological parents.
Some jurisdictions refer to this as “second-parent,” “co-parent,” or “stepparent” adoption.
Alternatively, families can secure parentage orders before a child is born, which is particularly advantageous for those using fertility treatments or surrogacy.
Even though children of legally married same-sex couples should be recognized as parents, discrepancies in family law enforcement leave many LGBTQ+ families at risk.
Therefore, legal experts encourage taking proactive steps.
Living in a conservative region of Utah that largely supported Trump, Swenson feels the weight of the current political climate.
She voiced concern about the effects of discrimination on families like theirs, noting how a judge’s view of parental rights could hinge on personal bias during court proceedings.
Austin attorney Meghan Alexander observed a notable increase in inquiries about second-parent adoptions following the election.
In just one week, she received 26 calls—far more than her typical workload.
Alexander continually stresses to families the necessity of legal acknowledgment and urges them not to depend on political stability for their parental rights.
In Texas, where judicial challenges to LGBTQ+ families remain limited, Alexander suggests adoption as a more dependable option in light of the uncertain status of parentage orders.
Nancy Polikoff, an emerita professor and authority on LGBTQ+ family law, indicated that the incoming administration has prompted an uptick in requests for legal protections among LGBTQ+ individuals.
Many attorneys across the country are receiving increased demands for legal assistance and growing concerns that specific states may feel emboldened to challenge the legitimacy of LGBTQ+ parental rights.
Although Polikoff does not anticipate the dissolution of landmark marriage equality rulings, she warns that states may attempt to retract some recently granted protections to LGBTQ+ families, placing parenting rights at significant risk.
The costs associated with securing these legal safeguards can be daunting, especially when families are already managing expenses related to fertility treatments.
Swenson, for example, incurred around $6,000 for those treatments before adding further financial strain due to her wife’s job loss.
As the adoption process unfolds—typically taking about six weeks and necessitating hearings and background checks—Swenson and Durana find themselves in a continuous state of vigilance against any threats to their family structure.
Beyond the everyday joys and worries of parenting, the looming anxiety about their rights in a politically charged environment forces them to confront deep existential questions about their ability to offer stability for their child.
Swenson expressed a core maternal instinct: to remain a steadfast figure in her son’s life, regardless of external challenges.
Source: The74million