LGBT adoption

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LGBT adoption refers to the adoption of children by lesbian, gay, bisexual, or transgendered people.

Legal status around the world

The factual accuracy of this section is disputed. Please see the relevant discussion on the talk page

Legal status of adoption by same-sex couples in Europe

Adoption by same-sex couples is legal in Guam, Andorra, Belgium, Iceland ^[1], the Netherlands, Sweden, South Africa, Spain, the United Kingdom and some parts of Canada and the United States. In Denmark, Germany ^[2], Israel and Norway "stepchild-adoption" is permitted, so that the partner in a civil union can adopt the natural (or sometimes even adopted) child of his or her partner. In the Republic of Ireland, Hungary and some other countries, individual persons, whether heterosexual/homosexual, cohabiting/single may apply for adoption.

In February 2006, France's Court of Cassation ruled that both partners in a same-sex relationship can have parental rights over one partner's biological child. The result came from a case where a woman tried to give parental rights of her two daughters to her partner whom she was in a civil union with.^[3] In February 2007, France's highest court ruled against a lesbian couple who tried to adopt a child. The court stated that the woman's partner cannot be recognized unless the birth mother withdraws parental rights. The court ruling dismissed the couple's rights to co-parent the child, and stated the only way it could allow adoption would be to legalize same-sex marriage. ^[4]

On June 2, 2006 the Icelandic Parliament voted for a proposal accepting adoption, parenting and assisted insemination treatment for same-sex couples on the same basis as heterosexual couples. No member of the parliament voted against the proposal. The law went into effect on June 27, 2006.

"Second-parent adoption" is a process by which a same-sex partner can adopt her or his partner's biological or adoptive child without terminating the first legal parent's rights. Second-parent adoption was started by the National Center for Lesbian Rights (formerly the Lesbian Rights Project) in the mid-1980s. ^[5] California, Connecticut, Illinois, Maine ^[6], Massachusetts, New Jersey, New York, Pennsylvania, Vermont, Washington State and Washington, D.C. explicitly allow second-parent adoption by same-sex couples statewide, either by statute or court ruling. ^[7] As of May 2007, Colorado allows second-parent adoption by same-sex couples. ^[8] Courts in many other states have also granted second-parent adoptions to same-sex couples, though there is no statewide law or court decision that guarantees this. In fact, courts within the same state but in different jurisdictions often contradict each other in practice. Single parent adoption by lesbian, gay, and bisexual individuals is legal in every state except Florida, which prohibits anyone who is "homosexual" from adopting. ^[9] Additionally, Utah prohibits adoption by "a person who is cohabiting in a relationship that is not a legally valid and binding marriage," ^[10] making it legal for single people to adopt, regardless of sexual orientation, so long as they are not co-habitating in non-marital relationships. Critics of such restrictive policies also point out that in many of the states that have bans on second-parent adoption by same-sex couples, these same couples are still able to act as foster parents. ^{[citation needed]}

Legal status of adoption by same-sex couples in North America

As adoptions are mostly handled by local courts in the United States, some judges and clerks accept or deny petitions to adopt on criteria that vary from other judges and clerks in the same state.^[11]

In Canada, adoption is within provincial/territorial jurisdiction, and thus the law differs from one province or territory to another. Adoption by same-sex couples is legal in British Columbia,^[20] Manitoba,^[21] Newfoundland and Labrador,^[22] Nova Scotia,^[23] Ontario,^[24] Quebec,^[25] Saskatchewan,^[26] and the Northwest Territories.^[27] In Alberta, stepchild adoption is allowed.^[28] Adoption by same-sex couples is illegal in New Brunswick,^{[citation needed]} Prince Edward Island,^{[citation needed]} and Nunavut.^{[citation needed]} In the Yukon, the law regarding adoption is ambiguous. NDP MP Libby Davies, who is in a same-sex relationship, has campaigned for national uniformity when it comes to same-sex adoption.^{[citation needed]}

In Australia, same-sex adoption is legal in the Australian Capital Territory and Western Australia ^[29], while stepchild adoption is possible in Tasmania.^{[citation needed]} The lesbian co-mother or gay co-father(s) can apply to the Family Court of Australia for a parenting order, as ‘other people significant to the care, welfare and development’ of the child. But the lesbian co-mother and gay co-father(s) will be treated in the same way as a social parent is treated under the law; they will not be treated in the same way as a birth parent. ^[30] In May 2007, the Victorian Law Reform Commission in Victoria released its final report recommending that the laws be modified to allow more people to use assisted reproductive technologies and to allow same-sex couples to adopt and be recognized as parents to their partner's children. ^[31] In August 2007, Prime Minister John Howard announced plans to introduce a bill into parliament that would ban the recognition of overseas adoptions by same-sex couples. ^{[32] [33]} The Howard government had unsuccessfully tried to introduce similar laws just before the 2004 election.

In New Zealand, preliminary New Zealand Law Commission Reports and white papers have raised the issue already, while Metiria Turei, a Green Party of New Zealand List MP raised the issue in late May 2006.^{[citation needed]} In February 2005, the Greens had suggested that an adoption law reform clause should be added to the Relationships (Statutory References) Act 2005, which equalized heterosexual, lesbian and gay spousal status in New Zealand law and regulatory policy, apart from the Adoption Act 1955.^{[citation needed]} While the measure was unsuccessful, it remains to be seen whether a reintroduced adoption law reform bill on its own would fare differently. ^[34]

A January 2005 ruling of the Israeli Supreme Court allowed step-child adoptions for same-sex couples. Israel previously allowed limited co-guardianship rights for non-biological parents.^[35]

In 2007 UK Catholic adoption agencies, comprising around a third of the voluntary sector, have said they will shut if forced to comply with new government legislation requiring them to enlist same-sex couples as potential adoptive parents.^{[citation needed]} The government announced they will have to obey the law, although MP Ruth Kelly allowed them some extra time to comply.^{[citation needed]}

Controversy

There is some controversy surrounding adoption by same-sex couples. The controversy generally concerns whether or not there will be negative consequences for children raised by same-sex couples. Specific questions include the potential for gender confusion, biased sexual orientation, or the general well-being of such children. Social science research has shown that parents' sexual orientation has no bearing on that of children, and that children of LGBT couples fare as well as other children in many objective measures; the American Psychological Association, Child Welfare League of America, American Academy of Pediatrics, and many other relevant professional organizations believe LGBT parents to be as qualified as heterosexuals. Nevertheless, many object to LGBT parenting on moral or cultural grounds, and the issue is considered a part of the West's culture war. For a brief survey of related arguments and sociological studies, see the main article.

A study by UCLA Law School's Williams Institute found that forbidding qualified gays and lesbians from adopting or fostering children could cost the United States between $87 million and $130 million per year. The study noted that gays and lesbians often take in children heterosexuals do not, including those who are older, disabled, HIV+ from birth, or who have a history of misbehavior; the study claims that finding suitable heterosexual couples willing to care for hard-to-place children would be difficult, a potential problem given the issues faced by children in long-term foster care. (According to the American Academy of Child & Adolescent Psychiatry, "About 30% of children in foster care have severe emotional, behavioral, or developmental problems."^[36])

Many same-sex couples are already coparenting children without legal status for the nonbiological parent; some advocates thus argue that adoption can simply normalize and add stability to an existing arrangement, while opponents of LGBT parenting contend that such arrangements are harmful to children and should not be encouraged.

See also

• LGBT parenting
• Adoption
• Heterosexism
• Same-sex marriages and civil unions
• LGBT rights

Bibliography

• New Zealand Law Commission: Adoption- Options for Reform: Wellington: New Zealand Law Commission Preliminary Paper No 38: 1999: ISBN 1-877187-44-5

Further reading

• Lerner, Brenda Wilmoth & K. Lee Lerner (eds) (2006). Gender issues and sexuality : essential primary sources.. Thomson Gale. ISBN 1414403259.  Primary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms

• Lerner, Brenda Wilmoth & K. Lee Lerner (eds) (2006). Family in society : essential primary sources.. Thomson Gale. ISBN 1414403305.  Primary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms

References

External links

• Families Joined by Love - Books and resources for LGBT Families.
• AICAN - Australian Intercountry Adoption Network
• National Center for Lesbian Rights - Information about the legal rights of lesbian, gay, bisexual, and transgender people and their families, including a legal information hotline.
• AAP News Release - AAP Says Children of Same-sex Couples Deserve Two Legally Recognized Parents
• New Position Statement Adopted by the American Psychiatric Association (APA): Adoption and Co-Parenting of Children by Same-Sex Couples (PDF)
• Let Him Stay - A site that describes a recent effort by GLBTQ parents to overturn Florida's ban.
• PrideFamilies.com - Resources for LGBT families.
• The Pride Family Flag web site - The story of the new LGBT family flag.
• Gay.com - Adoption and Parenting - News and Current Events pertaining to the rights and responsibilities of same-sex parents in adopting and parenting.
• Family Pride Coalition - The only US-based national level non-profit organization solely dedicated to advocating for LGBT parents and their families.
• Families Like Ours - Adoption resource center with a focus on same-sex parenting.
• The Rockway Institute for LGBT research in the public interest at Alliant International University
• COLAGE (Children of Lesbians and Gays Everywhere)
• Canada.com "In the Family Way" - News story of gay and lesbian adoptive families, and the surrogate and donor family.
• Families Like Mine

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