Why LGBTQIA+ Parents Are Rushing To Adopt Their Children Before Trumps Takes Office
This article is based on reporting from The 19th News, shedding light on the growing legal battles LGBTQIA+ parents face as they fight to protect their families.
When Haley Swenson gave birth to her son in March 2023 through fertility treatments, she was recognised as his legal parent. Her wife, Alieza Durana, however, wasn’t. Without legal adoption, Durana had no official parental rights.
The couple delayed the expensive process, but Donald Trump’s re-election forced a change in plans. With fears that non-biological parents’ rights could be stripped under a conservative administration, they made adoption a priority.
Across the US, LGBTQIA+ parents like Swenson and Durana are rushing to safeguard their families. The re-election brought concerns about policies favouring traditional nuclear families while undermining other family structures. Many are turning to second-parent adoptions, a legal measure that ensures non-biological parents have enduring rights.
While being listed on a birth certificate is valuable, it doesn’t always hold up across state lines. Adoption, on the other hand, is universally recognised. Yet, the process involves background checks, legal fees, and court hearings — a heavy burden for many families.
In conservative-leaning areas like Utah, where Swenson lives, the stakes feel even higher. In counties strongly supporting Trump, parental rights can be challenged more easily. Legal experts have also warned that courts could erode protections for LGBTQIA+ families, even if marriage equality remains intact.
The urgency isn’t theoretical. In 2022’s Roe v. Wade decision, Justice Clarence Thomas signalled that cases like Obergefell v. Hodges could be revisited. With parentage laws varying by state, adopting provides an extra layer of defence if federal protections weaken.
For Durana and Swenson, adoption takes time and money they didn’t have, but they knew it was their best option. “We’ll do whatever it takes to ensure our son has his mums — forever,” Swenson shared.
