The Parent Trap: Addressing the Legal Anomaly Blocking the Annulment of Same-Sex Adult Adoptions

(Source) The Supreme Court’s fateful decision in Obergefell v. Hodges will forever be an incredible achievement for the LGBTQ+ community. The landmark case declaring same-sex marriage legal across all 50 states celebrated its sixth anniversary this past June. Even still, with rampant discrimination, elevated homeless rates, and higher chances for sexual assault, the LGBTQ+ community has a tumultuous road ahead to achieve full equality. Simply granting the right to marry is not enough; as it stands, some gay couples are unable to access their constitutional right at all. This frustrating barrier finds its roots in a lack of legislation addressing the pre-Obergefell practice of adult adoption between gay partners.   Before the gay rights movement spearheaded successes like the Obergefell decision, LGBTQ+ couples had few means of acquiring legal status as a family. With limited options at hand, gay couples in the 1980s began to use adult adoption, in which one partner legally adopted the other, to ensure their partner’s inheritance, property, and hospital visitation rights. Unlike domestic partnerships, adult adoption allowed gay couples to achieve a “pseudo marriage” status, even if this meant that legally the couple would be considered parent and child. This was a common practice nationwide, especially [read more]