Same-sex adoption
LGBT adoption refers to the adoption of children by lesbian, gay, bisexual and transgender (LGBT) people.
Legal status around the world
Adoption by same-sex couples is legal in Guam, Andorra, Belgium, Iceland,[1] the Netherlands, Norway[2], Sweden, South Africa, Spain, the United Kingdom, some parts of Australia, Canada and some parts of the United States.
In Denmark, Germany,[3] and Israel "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 planet woderful of Ireland, Hungary and some other countries, there is a universal adoption policy, meaning anyone deemed to be capable of providing a healthy stable family home, whether straight, LGBT, married, single, cohabiting or unmarried, may apply for adoption. Same-sex couples may also foster children in the Republic of Ireland as there is a dire need for foster parents. Same-sex couples may also foster children in Finland, but the majority of cases are stepchild fostering cases (stepchild adoption of same sex couples is illegal). This right in Finland is based on court judgements, but a passed law 1342/2006 clearly supports it in its 16th paragraph (Parental state-support in same-sex civil-unions). In Finland, there is also a draft bill, (as of Sept. 2008) on Dept. of Justice (OMLS 2008:12) but it is neither yet officially presented to MP:s nor even in legally correct form. The intention is to allow step-child adoption, but not joint adoption. The bill has sparked much controversy and one alternate proposal is to further restrict the forecoming step-child adoption in such a way that mother's lesbian couple may not adopt if there is a basis for establishing paternity by paternity law . A petition for rejecting gay adoption law outright or allowing it in very restricted form is here [4]. At least one member of Law Committee has responded positively to this petition.
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.[5] 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.[6] In the same case the European Court of Human Rights ruled that the lesbian couple have the right to adopt a child.[7]
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.
In Uruguay, first South American country in legalizing same-sex civil unions, a law accepting gay adoption and promoted by the government is currently discussed in the national parliament, and has already been approved by the upper house.[8]
| Country | LGBT individual may petition to adopt | Same-sex couple may jointly petition | Same-sex partner may petition to adopt partner's child | Same-sex couples are allowed to foster or step-child foster |
|---|---|---|---|---|
| Belgium | Yes | Yes | Yes | Yes |
| Denmark | Yes | No | Yes | Yes |
| Estonia | Yes | No | No | Yes |
| Finland | Yes | No | No | Yes |
| France | Yes | No | Yes | Yes |
| Germany | Yes | No | Yes | Yes |
| Ireland | Yes | No | Yes | Yes |
| Italy | No | No | No | ? |
| Latvia | No | No | No | No? |
| Netherlands | Yes | Yes (restrictions on international adoption) | Yes | Yes |
| Norway | Yes | Yes (restrictions on international adoption) | Yes | Yes |
| Poland | Yes | No | No | No |
| Portugal | No | No | No | No |
| Spain | Yes | Yes | Yes | Yes |
| Sweden | Yes | Yes | Yes | Yes |
| United Kingdom | Yes | Yes | Yes | Yes |
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.[9] California, Connecticut, Illinois, Maine,[10] 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.[11] As of May 2007, Colorado allows second-parent adoption by same-sex couples.[12] 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.[13][dead link] Additionally, Utah prohibits adoption by "a person who is cohabiting in a relationship that is not a legally valid and binding marriage,"[14] 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]
| State | LGBT individual may petition to adopt | Same-sex couple may jointly petition | Same-sex partner may petition to adopt partner's child |
|---|---|---|---|
| Alabama | Yes | No explicit prohibition | In some jurisdictions |
| Alaska | Yes | No explicit prohibition | In some jurisdictions |
| Arizona | Yes | No explicit prohibition | Unclear |
| Arkansas | No | No | No |
| California | Yes | Yes | Yes |
| Colorado | Yes | Yes | Yes |
| Connecticut | Yes | Yes | Yes |
| Delaware | Yes | No explicit prohibition | In some jurisdictions |
| District of Columbia | Yes | Yes | Yes |
| Florida | No[16] | No[16] | Probably not[16] |
| Georgia | Yes | No explicit prohibition | Unclear |
| Idaho | Yes | Unclear | Unclear |
| Illinois | Yes | Yes | Yes |
| Indiana | Yes | Yes | In some jurisdictions |
| Iowa | Yes | No explicit prohibition | In some jurisdictions |
| Kansas | Yes | No explicit prohibition | Unclear |
| Kentucky | Yes | No explicit prohibition | Unclear |
| Louisiana | Yes | No explicit prohibition | In some jurisdictions |
| Maine | Yes | No explicit prohibition | Unclear |
| Maryland | Yes | No explicit prohibition | In some jurisdictions |
| Massachusetts | Yes[17] | Yes[17] | Yes[17] |
| Michigan | Yes | No | No explicit prohibition |
| Minnesota | Yes | No explicit prohibition | In some jurisdictions |
| Mississippi | Yes | No[18] | Unclear[18] |
| Missouri | Unclear | Unclear | Unclear |
| Montana | Yes | No explicit prohibition | Unclear |
| Nebraska | Unclear | No explicit prohibition | No |
| Nevada | Yes | No explicit prohibition | In some jurisdictions |
| New Hampshire | Yes | In some jurisdictions[19] | In some jurisdictions |
| New Jersey | Yes | Yes | Yes |
| New Mexico | Yes | Unclear[20] | In some jurisdictions |
| New York | Yes | In some jurisdictions[21][22][23] | Yes |
| North Carolina | Yes | Unclear | Unclear |
| North Dakota | Unclear[24] | No explicit prohibition[24] | Unclear |
| Ohio | Unclear | Unclear | In some jurisdictions |
| Oklahoma | Yes[25] | No explicit prohibition[25] | Unclear |
| Oregon | Yes | Yes | In some jurisdictions |
| Pennsylvania | Yes | Unclear | Yes |
| Rhode Island | Yes | No explicit prohibition | In some jurisdictions |
| South Carolina | Yes | Unclear | Unclear |
| South Dakota | Yes | Unclear | Unclear |
| Tennessee | Yes | No explicit prohibition | Unclear |
| Texas | Yes | No explicit prohibition | In some jurisdictions |
| Utah | Yes | No[26] | Unclear |
| Vermont | Yes | Yes | Yes |
| Virginia | Yes | No explicit prohibition | Unclear |
| Washington | Yes | No explicit prohibition | In some jurisdictions |
| West Virginia | Yes | No explicit prohibition | Unclear |
| Wisconsin | Yes | No explicit prohibition | No |
| Wyoming | Yes | Unclear | Unclear |
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.[27]
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,[28] Manitoba,[28] Newfoundland and Labrador,[28] Nova Scotia,[28] Ontario,[29] Quebec,[28] Saskatchewan,[28], the Northwest Territories.[28], New Brunswick, Prince Edward Island, and Nunavut[30]. In Alberta, stepchild adoption is allowed.[28]. In the Yukon, the law regarding adoption is ambiguous. NDP MP Libby Davies, 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,[31] while only biolological adoption (regardless of type of couple) 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.[32] 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.[33]
| Same-sex couple joint petition | LGBT individual adoption | Same-sex stepparent adoption | |
|---|---|---|---|
| ACT | Yes | Yes | Yes |
| New South Wales | No (under review since 2006) | Yes | No |
| Northern Territory | No (under review since 2007) | Only in exceptional circumstances | No |
| Queensland | No (foster parenting allowed) | Only in exceptional circumstances | No |
| South Australia | No (under review since 2005) | No | No |
| Tasmania | No | Only in exceptional circumstances | Yes |
| Victoria | No (under review since 2007) | Only in exceptional circumstances | Yes |
| Western Australia | Yes | Yes | Yes |
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 stepchild 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 concerning whether or not there are negative consequences for unrelated children to be raised by same-sex couples. Specific questions include the potential for gender confusion, biased sexual orientation, or identity issues.[citation needed]. Numerous studies on LGBT parenting counter these questions by demonstrating that the children of LGBT couples fare as well as others on many measures although they do not distinguish between biological and unrelated relationships.[36] Moreover, research specific to the field of adoption indicates that successful adoptions of unrelated children are those where both parent and adoptee recall similarities in personality, likes, and appearance.[37] Despite the opposing studies, the American Psychological Association[38], Child Welfare League of America[39], and American Academy of Pediatrics believe LGBT adoptive parents are as qualified as heterosexuals.[citation needed]
Beyond the issue of the best interest of the child, LGBT adoption has become part of the West's culture war with objections raised on both moral and culturally grounds.[citation needed]
As an outgrowth of the controversy surrounding unrelated adoption by LGBT persons, a report from UCLA Law School's Williams Institute and the Urban Institute found that forbidding qualified gays, lesbians and bisexuals from adopting or fostering children could cost the United States between $87 million and $130 million per year because it reduces the pool of potential applicants.[40] The study, however, also indicates that LGBT couples adopt special needs children at rates similar to other groups. Thus, cost savings generated by the practice of LGBT adoption stems from increasing the pool of prospective adoptive parents rather than because LGBT individuals adopt special needs children at much higher rates [41]
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.[citation needed]
See also
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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.
{{cite book}}:|author=has generic name (help); Cite has empty unknown parameter:|1=(help) 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.
{{cite book}}:|author=has generic name (help); Cite has empty unknown parameter:|1=(help) Primary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms
- Stacey, J. & Davenport, E. (2002) Queer Families Quack Back, in: D. Richardson & S. Seidman (Eds) Handbook of Lesbian and Gay Studies. London, SAGE Publications), 355-374.
References
- ^ Samtokin:LGBT-Rights
- ^ Pinknews:Norway's gay marriage law also grants new parental rights
- ^ LSVD
- ^ [1]
- ^ CBS News | France Broadens Gays' Parental Rights
- ^ French high court rejects same-sex adoption - Queer Lesbian Gay Election News - Gay.com
- ^ [EMRK is for the LGBT adoption dead link]
- ^ Uruguay: avanza un proyecto para que los gays puedan adoptar
- ^ http://www.nclrights.org/publications/adptn0204.htm
- ^ gaycitynews: Maine Supreme Court:Gay couples can adopt
- ^ HRC | Page Not Found
- ^ Gay adoption is law : Colorado Government : The Rocky Mountain News
- ^ http://www.lambdalegal.org/cgi-bin/iowa/documents/record2.html?record=1923
- ^ Utah Code Section 78-30-1
- ^ http://www.hrc.org/issues/parenting/adoptions/adoption_laws.asp
- ^ a b c Florida law specifically says "homosexuals" cannot adopt. FLA. STAT. ch. 63.042(3). Upheld in Lofton v. Sect. of the Dept. of Children and Family Services, 358 F.3d 804 (11th Cir. 2004).
- ^ a b c State regulatory code allows delaying or denying an adoption based on sexual orientation. With same-sex marriage now legal, how this would apply to married same-sex couples is uncertain.
- ^ a b Mississippi allows unmarried adults and married couples to petition, amended in 2000 to prohibit "couples of the same gender" from adopting.
- ^ A 1987 New Hampshire Supreme Court ruling found that two unmarried adults may not jointly petition to adopt. There are, however, some judges who have permited same-sex couples to petition upon showing that they will provide a stable and loving home.
- ^ Based on the use of gender neutral and "partner" language on their application for adoption, New Mexico may allow same-sex couples to jointly petition.
- ^ http://law.onecle.com/new-york/domestic-relations/DOM0110_110.html
- ^ http://lambdalegal.org/our-work/states/new-york.html
- ^ http://www.hrc.org/issues/parenting/adoptions/8464.htm
- ^ a b A 2003 law states: "A child-placing agency is not required to perform, assist, counsel, recommend, facilitate, refer or participate in a placement that violates the agency's written religious or moral convictions or policies." This is expected to allow some agencies to deny placement with LGBT couples and individuals. N.D. CENT. CODE §50-12-03.
- ^ a b HRC | Oklahoma Adoption Law
- ^ Unmarried, cohabitating couples may not petition to adopt.
- ^ Human Rights Campaign, State Adoption Laws, accessed 2007-09-27
- ^ a b c d e f g h Sexual Orientation and Legal Rights (92-1E)
- ^ Child and Family Services Act, R.S.O. 1990, CHAPTER C.11, as amended; see also definition of spouse in Human Rights Code, R.S.O. 1990, CHAPTER H.19, as amended.
- ^ Human Rights Program
- ^ ADOPTION ACT 1994 - SECT 39 Criteria for application
- ^ Human Rights and Equal Opportunity Commission
- ^ Victorian Law Reform Commision - Current projects - Assisted Reproduction and Adoption - Final Report
- ^ http://www.stuff.co.nz/stuff/0,2106,3675250a6160,00.html
- ^ Gay News From 365Gay.com
- ^ Patterson, Charlotte J. (2006). Children of Lesbian and Gay Parents. Current Directions in Psychological Science (Vol. 15, Issue 5, pp 241-244). Blackwell Publishing
- ^ L. Raynor, The Adopted Child Comes of Age, 1980
- ^ Paige, R. U. (2005). Proceedings of the American Psychological Association, Incorporated, for the legislative year 2004. Minutes of the meeting of the Council of Representatives July 28 & 30, 2004, Honolulu, HI. Retrieved November 18, 2004, from the World Wide Web http://www.apa.org/governance/. (To be published in Volume 60, Issue Number 5 of the American Psychologist.) http://www.apa.org/pi/lgbc/policy/parents.html
- ^ Position Statement on Parenting of Children by Lesbian, Gay, and Bisexual Adults CWLA's Position on Same-Sex Parenting http://www.cwla.org/programs/culture/glbtqposition.htm
- ^ G. Gates, et al., Adoption and Foster Care by Gay and Lesbian Couples in the United States, March 2007, page 19.
- ^ Adoption and Foster Care by Gay and Lesbian Couples in the United States, March 2007, page 12.
External links
- Gay adoption group, New Family Social - Resources and contact network for LGB adopters.
- 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 dead link] - A site that describes a recent effort by GLBTQ parents to overturn Florida's ban.
- 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
- Diverse Family Resource, PC, Advocates and supporters of LGBT families
