Absolutely. Same-sex stepparents have full legal rights to adopt their partner’s biological or legal children in Arizona—as long as they meet the same criteria as any other adopting stepparent.
Modern Law is proud to support LGBTQ+ families in creating permanent, protected parent-child bonds through adoption.
What the Law Says
Arizona law does not prohibit same-sex adoption. In fact:
- The U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges requires equal treatment of same-sex married couples.
- Arizona courts have recognized the full parental rights of same-sex spouses adopting a partner’s child, just like heterosexual spouses.
Requirements for Same-Sex Stepparent Adoption
The legal process is the same for all stepparents:
- You must be married to the child’s legal parent
- You must live in Arizona and be over age 18
- You must pass a background check
- You must obtain consent from the other parent (or seek termination)
Common Concerns for LGBTQ+ Families
- Prior discrimination: While past barriers existed, courts today are required to uphold equal protection.
- Adopting a child born before the marriage: As long as you are now legally married to the biological parent, you may adopt—even if the child was born prior.
- Donor or surrogate complications: If your spouse used assisted reproduction and you aren’t on the birth certificate, adoption is the cleanest way to protect your parental rights.
Why It Matters
Even if you’ve been parenting for years, without legal adoption, your rights may be questioned in:
- Medical emergencies
- Custody disputes
- School or travel decisions
- Estate planning
Modern Law has helped dozens of LGBTQ+ couples navigate adoption successfully, and we’re committed to protecting your family.
