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LGBTQIA+ Families

Adoption and Fostering

A guide to understanding more about adoption and fostering
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Adoption and fostering prioritise a child’s safety, well-being, and happiness. Whether it’s a permanent arrangement like adoption or a temporary one like foster care, adoption permanently transfers all parental rights and responsibilities from the biological parents (or the state, in some cases), while foster care can be for a short period until the child’s home environment and circumstances improve.

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ABOUT ADOPTION

A person becomes the child's
permanent, legal parent
Learn more about adoption, the typical process and much more.
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The term adoption today is a complex, multifaceted legal, social, and emotional process through which a person or persons become the permanent, legal parents of a child who is not biologically their own. The word originates from Middle English, Old French, and the Latin verb adoptāre, meaning to choose for oneself, take by choice, or adopt. The process of adoption, where a person or couple adopts a child, involves transferring all parental rights and responsibilities from the biological parents (or the state, in some cases) to the adoptive parents, creating a lifelong parent-child relationship.

The concept and principles underlying adoption are ancient, with examples in civilizations such as Ancient Rome, where adoption was used by aristocrats to secure heirs, transfer property, or forge political alliances, as with Roman emperors Julius Caesar and Augustus. Although an ancient practice, in many countries the legal recognition of adoption was historically applied through placing children in workhouses, orphanages, or religious institutions.

Today, parents adopting a child choose to assume legal responsibility for a child, along with a commitment that covers legal, emotional, social, and psychological aspects, ultimately providing a stable, nurturing, and permanent family environment for children unable to live with their biological parents for various reasons.
Typical Process

The eligibility criteria, responsibilities, and process for adopting a child vary by country. Historically, only married heterosexual couples were permitted to adopt; however, with increasing societal acceptance, more than 30 countries now allow LGBTQIA+ individuals and couples to adopt. Legally, adoption involves a court process where parental rights are transferred from the biological parents or guardians to the adoptive parents. This process grants the adoptive parents the same rights and responsibilities as biological parents, including custody, decision-making authority, and inheritance rights.

There are different types of adoption, such as domestic, international, stepparent, and foster care adoption, each with its own procedures and requirements. Despite these differences, the main goal of adoption remains to prioritise the child’s best interests by providing a loving, supportive, and stable family environment.

The typical adoption process worldwide usually involves key stages that can take months or even years, although specific procedures and requirements vary considerably depending on the country, local laws, and whether the adoption is domestic or international. Here is an overview of the common steps involved:

  • Research and Decision-Making – prospective adoptive parents typically start by researching various types of adoption (domestic, international, foster care) and understanding the legal, emotional, and financial commitments, as well as other relevant aspects.
  • Application and Screening – interested individuals or couples submit an application to a licensed adoption agency or authority, which likely includes background checks, health assessments, financial evaluations, and interviews to determine suitability as adoptive parents.
  • Training and Preparation – any countries and agencies require prospective parents to attend training or counselling sessions to prepare for adoption and to understand the needs of adopted children.
  • Home study – a social worker will often conduct a home study, involving interviews, home visits, and assessments of the prospective parents’ environment, lifestyle, and readiness to parent.
  • Matching – once approved, the agency or authorities work to match prospective parents with a child. For domestic adoption, this involves identifying a suitable child; for international adoption, it may involve matching based on criteria set by the child’s country and agency.
  • Legal procedures – the legal process involves filing petitions and obtaining court approval to transfer parental rights. For international adoption, specific legal steps are required to comply with the laws of both the child’s country and the adoptive parents’ country.
  • Placement and Finalisation – after legal approval, the child is placed with the adoptive family. In many countries, a finalisation hearing confirms the legal adoption, making it official and permanent.


International adoption introduces additional complexity, including adherence to international treaties (such as the Hague Convention), securing visas, travel arrangements, and cultural considerations. It often involves cooperation with both the authorities of the child’s country and the legal system of the adoptive parents’ country.

Each country has its own regulations, timelines, and requirements, which can influence the duration and difficulty of the process. Some countries impose strict quotas or bans on international adoption, while others have simplified procedures.

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ABOUT FOSTERING

A temporary arrangement providing children with a
safe, stable, and nurturing environment
Learn more about foster care, the typical process and much more.
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Unlike adoption, which is usually permanent, fostering or foster care is more of a temporary arrangement that can last months or even years. This short-term caregiving exists for various reasons, especially when a child cannot live with their biological family due to safety concerns, neglect, or other issues. In such cases, the child is placed with a licensed or approved caregiver, known as a foster parent. The word ‘foster’ comes from the Old English verb ‘fostrian,’ meaning to supply with food, nourish, or support. Fostering has been practised for centuries and was traditionally more informal, with caregivers, extended family members, or communities providing temporary care for orphaned or neglected children.

In the early 20th century, many countries began to formalise foster care programmes, introducing increased government control, involvement, and regulation to protect children’s rights and ensure appropriate care. Today, foster care aims to provide children with a safe, stable, and nurturing environment, while efforts are made to address the issues that led to their removal or to find a permanent solution such as reunification with their biological family, adoption, or guardianship. Foster care is typically a temporary measure, but it can sometimes become long-term if reunification or other permanent arrangements are not possible.

There are four distinct types of foster care:
  • Emergency Foster Care – short-term care given immediately after a child’s removal from their home, often due to a crisis.
  • Traditional Foster Care – temporary placement with a foster family whilst investigations, assessments, or family reunification plans are in progress.
  • Long-term Foster Care – When reunification is not an option, some children stay in foster care for long periods or until they reach adulthood.
  • Specialised Foster Care – care provided to children with specific needs, such as those with disabilities, behavioural challenges, or trauma histories, often requiring additional training for foster parents.

Foster care involves legal oversight to safeguard the child’s rights. Foster parents typically receive training, undergo background checks, and participate in regular assessments to ensure they can provide a secure environment. Foster care is often a step towards establishing a permanent family arrangement, whether through reunification with biological parents, guardianship, or adoption. The child’s best interests inform these decisions. Foster carers usually receive ongoing training, financial support, and access to counselling and community resources to help them meet the needs of the children in their care.
Typical Process
The process of becoming a foster parent differs across countries. Historically, only heterosexual couples and individuals were allowed to foster; however, with increasing social acceptance, more countries now permit LGBTQIA+ individuals and couples. Typically, the foster care process is managed by a government department, with regional resources supporting licensing and placement.

In essence, the foster care process is a structured system aimed at protecting children, providing temporary care, and working towards a safe, permanent family placement, whether through reunification, guardianship, or adoption. It involves collaboration among child welfare agencies, foster families, and the child’s biological family, with the child’s best interests always prioritised.

Becoming a foster carer involves a structured process designed to ensure that prospective guardians are prepared and capable of offering safe, nurturing, and stable environments for children in need. Although specific steps may vary across countries or regions, the general process usually includes the following stages:
  • Eligibility – foster parents are usually of legal age, have a stable income and home environment, and pass background checks. They need patience, resilience, flexibility, empathy, and a genuine desire to help children, which are vital qualities. Foster parents generally undertake training on legal responsibilities and may receive stipends or financial support to meet the child’s needs.
  • Research and information gathering – usually begins with learning about foster care, including the roles and responsibilities of foster parents, the types of children in need of care, and the requirements in your area. Contact local child welfare agencies or foster care organisations for resources and guidance.
  • Initial Contact and Application – expressing their interest by reaching out to a licensed foster care agency or government child welfare department. They will usually complete an application form to begin the process.
  • Orientation and Training – participating in orientation sessions that offer an overview of foster care duties, expectations, and available support. Most programmes require prospective foster parents to complete training courses covering topics such as child development, trauma-informed care, and legal requirements.
  • Home Study and Background Checks – a social worker conducts a home study, including interviews, home visits, and assessments of the living environment. They will also undergo background checks, including criminal record and child abuse clearances, to ensure suitability.
  • Assessment and Approval – based on the home study, background checks, and training, a review panel or agency officials decide whether they are approved as foster parents. The decision considers the foster parents’ ability to meet the children’s needs and their overall readiness.
  • Matching with Children – once approved, they may be considered for placements that suit their preferences, experience, and capacity. The agency will work to find appropriate children for the placement.
  • Placement and Support – When a child is placed in their home, ongoing support, supervision, and training are provided to help the foster parent succeed.
  • Ongoing Development – foster parents frequently engage in ongoing training and support groups to enhance their skills and meet the needs of the children under their care.
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TYPES OF ADOPTIVE PARENTS

The various types of
adoptive parents
When it comes to adoptive parents, there are various types with different relationship statuses among those looking to adopt. Let us explore some of the main kinds of adoptive parents.
Joint or Couple Adoption
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A joint or couple adoption is a legal process where two individuals, usually a married or committed partnership, or two adults, adopt a child together. In this type of adoption, both parents share legal rights, responsibilities, and parental duties for the child, forming a permanent family bond.
Queer Family Formation
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A queer family formation refers to the process by which individuals who identify as LGBTQ+ (lesbian, gay, bisexual, transgender, queer, or other non-heteronormative identities) create families. It includes various ways LGBTQ+ people establish familial bonds and parenthood outside traditional heterosexual models.
LGBTQIA+ Adoption
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An LGBTQIA+ adoption is a legal process through which one or more individuals who identify as LGBTQIA+, specifically as a same-sex couple, legally become the parents of a child. This process grants the adoptive parent(s) full legal rights, responsibilities, and parental authority over the child, establishing a permanent family relationship.
Second Parent Adoption
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A second-parent adoption is a legal process that allows an individual who is not the biological parent, typically a partner or co-parent, to gain legal parental rights and responsibilities for a child. This type of adoption is commonly used by same-sex couples, where one partner is the biological parent, but the other partner wishes to establish legal parenthood without terminating the biological parent’s rights, similar to stepchild adoption.
Stepchild Adoption
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A stepchild adoption is a legal process where a stepparent officially adopts their spouse’s child, making the stepparent the child’s legal parent. This usually happens when the biological parent (often the child’s other parent) has given up parental rights or is no longer involved in the child’s life, or when the couple wants to establish a legal parenting relationship to provide stability and security for the child, such as in second-parent stepchild adoption.
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ASSOCIATED TERMS

All of the terms closely associated with the
involved parties and mechanisms
Learn more about the terms and processes associated with adoption and fostering. Terms closely related to the involved parties or the mechanisms of the process.
Adoption or Placement Order
Gayther Family - Adoption Place Order
An adoption or placement order is a court-issued legal document that formalises the adoption process. The placement order is issued earlier in the process, authorising the child’s removal from their previous environment and placement with the adoptive family. The adoptive order grants the adoptive parent(s) full parental rights and responsibilities for the child, effectively establishing the child as a legal member of the new family and terminating any previous legal parental rights of the birth parents or guardians.
Birth Parent
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A birth parent is the biological parent of a child, the person who conceived and gave birth to the child. The term usually refers to the parent who is not the one raising the child after birth, especially in situations like adoption, surrogacy, or other family arrangements.
Closed Adoption
Gayther Family - Closed Adoption
A closed adoption is a type of adoption where there is no ongoing contact or communication between the adoptive family and the birth parents, and usually, no identifying information is shared between them. In this arrangement, the child’s original birth records are typically sealed or kept confidential, and the adoptive family and birth parents do not have a relationship after the adoption.
Domestic Adoption
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Domestic adoption is a legal process through which a child is adopted within the same country by individuals or families living there. It involves placing a child from the local or national population into a family in the child’s home country.
International Adoption
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An international or intercountry adoption is a legal process through which a child from one country is adopted by individuals or families living in another country. This form of adoption involves crossing national borders and is regulated by international agreements, such as the Hague Adoption Convention, to secure the child’s safety and well-being.
Open Adoption
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An open adoption is a type of arrangement where there is ongoing contact and communication between the birth parents, the adoptive parents, and the adopted child. This setup allows sharing information, visits, or other forms of interaction, depending on the level of openness agreed upon by all parties.
Legal Guardianship
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A legal guardianship is a formal arrangement where a person (the guardian) is granted the legal authority and duty to care for and make decisions on behalf of a minor or an incapacitated adult. This setup is established through a court order and gives the guardian rights and responsibilities similar to those of a parent or caregiver. A stepchild adoption is a legal process where a stepparent officially adopts their spouse’s child, making the stepparent the child’s legal parent. This usually happens when the biological parent (often the child’s other parent) has given up parental rights or is no longer involved in the child’s life, or when the couple wants to establish a legal parenting relationship to provide stability and security for the child, such as in second-parent stepchild adoption.
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