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Virginia approves same-sex adoption rights

McAuliffe order follows Supreme Court inaction, Fourth Circuit decision

Same-sex spouses may now legally adopt across the commonwealth, Gov. Terry McAuliffe announced in a bulletin sent to social service offices Friday. The legalization comes in response to the Supreme Court's refusal to hear an appeal of lower courts' decisions to overturn state bans on same-sex marriage, which legalized same-sex unions in Virginia.

Before the recognition of same-sex marriages under the law, it was not possible for same-sex couples in Virginia to adopt either through public or private adoption agencies. Virginia only approves adoptive homes for married couples.

“In determining the appropriate home in which to place a child for adoption, a married couple or an unmarried individual shall be eligible to receive placement of a child for purposes of adoption,” Virginia code reads.

In a press release, McAuliffe said the ability for sex-same couples to adopt represents one more step toward giving equal rights for LGBTQ individuals beyond marriage.

“Now that same-sex marriage in Virginia is officially legal, we owe it to all Virginians to ensure that every couple is treated equally under all of our laws, no matter whom they love,” McAuliffe said. “This historic decision opened the door to marriage equality, and now it is my sincerest hope that it will also open more doors for Virginia children who need loving families.”

Same-sex couples may now legally adopt in 32 states.

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