First, the good news: Donald Trump and his administration will not be able to invalidate same-sex marriage with an executive order.
However, it could potentially become more difficult for same-sex couples to adopt children together, so it is important to go forward with the adoption process now.
Why a parental relationship should be made legal
In many cases, only one parent has a legally-recognized parental relationship with the child because the other parent has not gone through with the adoption process.
For example, if a same-sex couple is married and has children together, but only one of the parents is biologically related to the children or has legally adopted the children, then only that parental relationship is recognized by the law.
This can cause major problems, especially if the marriage ends, which we have written about in the past. It doesn't matter if the child was born during the marriage or raised by both parents jointly for many years, the parental rights of the parent who is not established as a parent under the law can be challenged.
How adoption works for same-sex parents in Mississippi
At the end of March, in the case of Campaign for Southern Equality v Mississipi Department of Human Services, et. al., a federal judge ruled that Mississippi's ban on adoptions by same-sex couples is unconstitutional. The judge concluded that when the U.S. Supreme Court ruled that bans on same-sex marriage are unconstitutional, denying same-sex couples other benefits, such as adoption, is also unconstitutional.
As a result, same-sex couples may now adopt in Mississippi, just like opposite sex couples can.
Working with a family law attorney -- especially one who has experience handling same-sex couple adoption -- can allow the process to go as smoothly as possible.
At the very least, it is important to have a conversation with an attorney to find out if legal adoption is necessary in your family.
Why it is important to take action now
After Americans elected Donald Trump as president, there has been a lot of anxiety and concern within the LGBTQ community. While Trump has said he will be a president for everyone, many believe that the Trump administration's attack on LGBTQ Americans is already under way.
While it is nearly impossible to reverse an adoption, it may be possible for legislatures to make it more difficult for same-sex parents to adopt in the future. That's why it is important to act now.