> Discuss Your Legal Issue > Ask a Lawyer > Adoptions > Hi, my wife and I are planning on having a baby... we have reserched a little bit about secondary parent adoption. Wondering the process. -Abbi-

Hi, my wife and I are planning on having a baby... we have reserched a little bit about secondary parent adoption. Wondering the process. -Abbi-

1 Answers. Asked on Mar 19th, 2017 on Adoptions - New York
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my wife and I are trying to have a baby. She is the one that will be getting pregnant. We reserched a little bit as to what we would need to do for me to have equal parental rights as her. Saw the secondary parent adoption, wondering the steps in this, how nessasary it is even with my name on the birth certificate, and the cost for it. We are trying to get all of our ducks in a row so we are prepared. Thank you for your time! -second mommy-
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Answered on Mar 20th, 2017 at 1:04 PM

The good news is that since you're married and (I assume) New York residents, any child conceived by either of you and born during the marriage is legally the child of both of you. However, given that certain states like North Carolina and South Carolina are resistant to gay marriage and recognizing parental rights of gays, and this political climate has seemingly emboldened conservative lawmakers to repeal or fail to enforce civil rights, a second-parent adoption as an extra layer of security is a good idea. 

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Adopting a child is a legally complex process, with many variables depending on whether you're pursuing an international adoption, private adoption or agency adoption; are adopting a child from foster care; adopting a stepchild; or adopting a child born to a surrogate. At the same time, birth parents have their own sets of needs, rights and wishes that should be respected and honored. Laws also vary from state to state, so your experience with adoption may be different from the experiences of friends and family. Even if you are pursuing an open adoption, the adoptive parents should be represented by one adoption attorney and the birth parents by another adoption lawyer. Experienced adoptions law attorneys can help make the process move as smoothly as possible, while protecting your rights as either birth parents or adoptive parents.
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