Faqs About LGBT Adoption

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Below are some frequently asked questions about LGBT Adoption:

Can an LGBT adoption lawyer help with our adoption?

In North Carolina, same-sex married couples undergo the same adoption process as any other person or couple. Some private adoption agencies may have different rules that limit LGBT adoptions.

Having an experienced LGBT adoption attorney to guide you through the process is advisable. Mills Adoption Law has served the community for over 30 years as an experienced LGBT adoption lawyer.

Whether you are seeking assistance in a joint, stepparent, or individual adoption, you want an adoptions lawyer with experience.

What is second-parent adoption?

Second-parent adoption involves two single individuals adopting a child, and it is not permitted in North Carolina regardless of sexual orientation. Only married couples or single parents may adopt children in North Carolina.

Can I adopt my same-sex spouse’s biological child?

Yes. The rules for adopting a spouse’s biological child are the same regardless of the sexual orientation of the couple. However, you must have consent for the adoption from both of the child’s biological parents.

Mills Adoption Law has assisted clients in navigating these tricky waters for over three decades. We’ll be with you every step of the way.

How can I receive consent to adopt my spouse’s child when the other biological parent is a donor?

In nearly all situations, donors surrender any parental rights at the time of their donation. Check with the donor facility or reexamine your paperwork to determine if this was the case.
However, if the arrangement did not include a surrender of parental rights, you will need to seek the advice of an experienced LGBT lawyer. Mills Adoption Law offers a free 15-minute initial consultation.

Do I need an LGBT adoption lawyer to proceed with an adoption?

Retaining a lawyer is not required, but it is advisable to have an experienced LGBT adoption attorney assist you through the adoption process. Generally speaking, the laws are the same regardless of sexual orientation. However, the adoption process is complex, and errors can delay the process.

Moreover, there are, unfortunately, constant legal challenges to equality laws that legalized same-sex marriage and to the rights of members of the LGBT community. A skilled LGBT adoption attorney will help you avoid delays and pitfalls and keep you updated throughout the process.

Call us today at (919) 306-2899 or fill out our contact form to schedule a consultation with our adult adoption law firm.

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Professional Associations

Martindale-Hubbell - Preeminent
Academy of Adoption & Assisted Reproduction Attorneys
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AdoptMatch - Approved

Why Should You Choose An Adoption Attorney?

Adoption is a wonderful option for expanding your family, but the laws governing the process are quite complex. Working with an attorney with significant experience in adoption law will help ensure that the adoption process goes smoothly.

An adoption attorney will:


We will provide an unbiased explanation of adoption procedures and develop a legally secure plan tailored to your needs.


We will assess the risks involved, including determining what payments are permissible and ensuring that birth parents are treated fairly and their rights are legally terminated before placement is finalized.


We will clarify your options, if any, for post-placement arrangements with birth parents, making sure your interests and those of the child are served.

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We will explain your rights and adoption laws in your state or refer you to attorneys who practice in other states or internationally.


We will review and negotiate the adoption agency contract to protect your interests.

You Should...


You should contact an attorney as early as possible in the decision-making process.


Learn about the specific types of adoption services the attorney provides. Ask what percentage of the practice is dedicated to adoption and how many adoption proceedings the attorney has handled.


Choose an attorney who is experienced in the type of adoption you are considering.

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Know what the attorney charges, how fees are structured and that you can afford the services.


Ask questions, request references, share your concerns and provide the attorney with all relevant documents. Ask for a written retainer agreement that outlines what the attorney charges, how fees are structured and other details regarding fees and fee payment.

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