LGBT adoption in the United States
Laws regarding LGBT adoption in the United States vary, as adoption in the United States is regulated and licensed at the state level. Adoption by single LGBT individuals is now legal in every jurisdiction in the United States, while adoption by same-sex couples is legal in every state and territory except for the American Samoa and Mississippi.[1][dubious ]
Contents
Population[edit]
As of 2011, approximately two million children in the United States were being raised by LGBT parents and unable to establish a legal relationship with both their LGBT parents.[2] According to the Williams Institute, as of 2009 "an estimated 20,000 same-sex couples are raising nearly 30,000 adopted children."[3]
Professional assessments[edit]
A consensus has developed among the medical, psychological, and social welfare communities that children raised by gay and lesbian parents are just as likely to be well-adjusted as those raised by heterosexual parents.[4] The research supporting this conclusion is accepted beyond serious debate in the field of developmental psychology.[5] Based on the robust nature of the evidence available in the field, the Third District Court of Appeal of the State of Florida was satisfied in 2010 that the issue is so far beyond dispute that it would be irrational to hold otherwise; the best interests of children are not preserved by prohibiting homosexual adoption.[6]
Public opinion[edit]
A 2007 poll by CNN and Opinion Research Corp. found that 57% of respondents felt same-sex couples should have the right to adopt and 40% that they should not.[7] More recently, a Gallup poll from May 2014 found 63% of respondents believed same-sex couples should have the legal right to adopt a child.[8]
Politics[edit]
On July 29, 1999, U.S. Representative Steve Largent introduced amendment 356 (H.Amdt. 356) to the District of Columbia Appropriations Act, 2000 (H.R. 2587) that would have banned joint adoption between individuals who are not related by blood or marriage in Washington, D.C. The amendment failed with 213 votes in favor and 215 opposed.
On May 10, 2012, Republican presidential candidate Mitt Romney told an interviewer: "And if two people of the same gender want to live together, want to have a loving relationship, or even to adopt a child -- in my state individuals of the same sex were able to adopt children. In my view, that's something that people have a right to do." Asked the next day to reconcile that with his opposition to same-sex marriage, he said: "Well actually I think all states but one allow gay adoption, so that's a position which has been decided by most of the state legislators, including the one in my state some time ago. So I simply acknowledge the fact that gay adoption is legal in all states but one."[9]
Legal status[edit]
Law on same-sex adoption[edit]
| State | LGBT individual may petition to adopt | Same-sex couple may jointly petition | Same-sex partner may petition to adopt partner's child |
|---|---|---|---|
| Alabama | |||
| Alaska | |||
| American Samoa | |||
| Arizona | |||
| Arkansas | |||
| California | |||
| Colorado[11] | |||
| Connecticut | |||
| Delaware[12] | |||
| District of Columbia | |||
| Florida | |||
| Georgia | |||
| Guam | |||
| Hawaii[13] | |||
| Idaho | |||
| Illinois | |||
| Indiana | |||
| Iowa | |||
| Kansas | |||
| Kentucky[14] | |||
| Louisiana | |||
| Maine | |||
| Maryland | |||
| Massachusetts | |||
| Michigan | |||
| Minnesota | |||
| Mississippi | |||
| Missouri | |||
| Montana | |||
| Nebraska | |||
| Nevada | |||
| New Hampshire | |||
| New Jersey | |||
| New Mexico[18] | |||
| New York | |||
| North Carolina[20] | |||
| North Dakota | |||
| Northern Marianas Islands | |||
| Ohio[21] | |||
| Oklahoma[22] | |||
| Oregon | |||
| Pennsylvania[23] | |||
| Puerto Rico | |||
| Rhode Island[24] | |||
| South Carolina | |||
| South Dakota | |||
| Tennessee | |||
| Texas | |||
| Utah[25] | |||
| Vermont | |||
| Virginia | |||
| Virgin Islands | |||
| Washington | |||
| West Virginia | |||
| Wisconsin | |||
| Wyoming |
Cases[edit]
Alabama[edit]
On October 12, 2012, a unanimous Alabama Court of Civil Appeals turned down the request of a woman to adopt her same-sex spouse's child. The women had been married in California. The court held that Alabama law did not recognize the women as spouses.[26]
Arkansas[edit]
On November 4, 2008, Arkansas voters approved Act 1, a measure to ban anyone "co-habitating outside of a valid marriage" from being foster parents or adopting children. Although the law could apply to heterosexual couples, it was believed to have been written to target gay couples due to the fact that same-sex marriage is prohibited in that state, thereby making an adoption impossible.[27] Single gay men and lesbians were still allowed to adopt in Arkansas. The law was overturned on April 16, 2010 by state judge Chris Piazza.[28] The Arkansas Supreme Court in Howard v. Arkansas upheld the lower court's decision on April 7, 2011.[29]
Florida[edit]
In Florida, a 1977 law prohibited adoption by homosexuals following the anti-gay Save Our Children campaign led by Anita Bryant. In November 2008, a state circuit court struck down the law in In re: Gill, a case involving a gay male couple raising two foster children placed with them in 2004 by state child welfare workers.[30] On appeal, on September 22, 2010, Florida's Third District Court of Appeals unanimously upheld the decision of the lower court. The state did not appeal.[31]
Idaho[edit]
In 2013, a lesbian couple married in California petitioned for second-parent adoption. A state magistrate denied the petition on the grounds that Idaho did not recognize their marriage. On appeal, the Idaho Supreme Court unanimously reversed the magistrate's ruling because Idaho has no specific statutory ban on unmarried second-parent adoption.[32]
Kansas[edit]
In November 2012, the Kansas Court of Appeals ruled in the case In the Matter of the Adoption of I. M. that a single person who is not a biological parent of a child cannot petition to adopt that child without terminating the other parent's parental rights. Since Kansas does not recognize same-sex marriages, this ruling effectively prevents same-sex couples from second-parent adoption in Kansas.[33] However, the Kansas Supreme Court ruled on February 22, 2013, in Frazier v. Goudschaal that a partner of a biological parent is entitled to parental rights.[34]
Michigan[edit]
In December 2012, the Michigan Court of Appeals ruled that the state's adoption code permits second parent adoptions by same-sex couples.[35]
Two Michigan lesbians, who are raising three children adopted by only one of them, filed a lawsuit in federal court in January 2012 seeking to have the state's ban on adoption by same-sex couples overturned.[36] and in September amended that suit to challenge the state's ban on same-sex marriage as well.[37]
Mississippi[edit]
33% of Mississippi's households headed by same-sex couples include a child, the highest such percentage in the nation.[38] Nevertheless, Mississippi's Domestic Relations Code states, "Adoption by couples of the same gender is prohibited."[39] A lawsuit, Campaign for Southern Equality v. Mississippi Department of Human Services, was filed in August 2015 by four Mississippi same-sex couples seeking to overturn this law.[40] The plaintiffs in that case are represented by Roberta Kaplan, who successfully argued United States v. Windsor before the US Supreme Court. Mississippi is the only U.S. state to not have legal lgbt adoption rights for American citizens. The other territories include the American Samoa and many Native American tribal jurisdictions.[41]
Nebraska[edit]
Three same-sex couples filed a lawsuit against the state on August 27, 2013, seeking the right to serve as foster and adoptive parents. It claimed that the state's policy against allowing two unrelated adults to adopt has been consistently enforced only against same-sex couples.[42]
New York[edit]
An October 2012 court ruling in a custody dispute between two women in a same-sex relationship awarded custody to the adoptive parent rather than the biological mother.[43]
References[edit]
- ^ {http://www.nytimes.com/2015/08/13/us/mississippi-ban-on-adoptions-same-sex-couples-challenged.html?hp&action=click&pgtype=Homepage&module=first-column-region®ion=top-news&WT.nav=top-news&_r=0}
- ^ Bernard, Tara Siegel (July 20, 2012). "A Family With Two Moms, Except in the Eyes of the Law". New York Times. Retrieved July 24, 2012.
- ^ "Supreme Court adoption ruling puts in doubt about 90,000 adoptions by unmarried couples". Windy City Times. Retrieved July 24, 2012.
- ^ United States District Court District of Massachusetts July 8, 2010
- ^ In the United States District Court for the Northern District of California - August 4, 2010
- ^ Third District Court of Appeal State of Florida - September 22, 2010 (PDF)
- ^ "McCain blasted for gay adoption opposition". USA Today. July 15, 2008. Retrieved August 20, 2013.
- ^ "Gay and Lesbian Rights". Gallup. Retrieved August 22, 2014.
- ^ Shelley, Matthew (May 11, 2012). "Romney backs away from gay adoptions". CBS News. Retrieved July 24, 2012.
- ^ "Adoption, Foster Care Agencies & State Law". HRC. Retrieved January 19, 2012.
- ^ Colorado Adoption Law
- ^ Delaware Civil Union Law
- ^ Entering into a Hawai`i Civil Union
- ^ Kentucky Adoption Law
- ^ 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.
- ^ Mont. Code Ann. § 42-4-302
- ^ a b New Hampshire Second Parent Adoption: FAQs Accessed August 18, 2014.
- ^ New Mexico Adoption Law
- ^ a b c [1]
- ^ "States where same-sex couples are barred from doing joint and/or second parent adoptions statewide" (PDF). American Civil Liberties Union. Retrieved June 2, 2012.
- ^ Ohio Adoption Law
- ^ Oklahoma Adoption Law
- ^ Pennsylvania Adoption Law
- ^ a b c d Rhode Island H 6103 - An Act Relating to Domestic Relations - Civil Unions
- ^ Utah Adoption Law
- ^ Johnson, Bob (October 12, 2012). "Court upholds Ala. act banning same-sex marriage". Mercury News. Retrieved October 13, 2012.
- ^ Gay-Adoption Ban Passes in Arkansas
- ^ State judge overturns Ark. adoption ban law
- ^ Terkel, Amanda (April 7, 2011). "Arkansas Supreme Court Strikes Down Ban On Gay Adoptions". Huffington Post. Retrieved July 24, 2012.
- ^ Miami judge rules against Fla. gay adoption ban
- ^ Schwartz, John (September 22, 2010). "Florida Court Calls Ban on Gay Adoptions Unlawful". New York Times. Retrieved November 23, 2014.
- ^ Popkey, Dan (February 10, 2014). "Idaho Supreme Court sides with Boise lesbian couple in adoption case". Idaho Statesman. Retrieved November 22, 2014.
- ^ In re I. M. (Kan. Ct. App. 2012). Text
- ^ http://www.kscourts.org/Cases-and-Opinions/Opinions/SupCt/2013/20130222/103487.pdf
- ^ "ACLU Praises Appeals Court Decision on Same-Sex Second-Parent Adoption, December 13, 2012". ACLU. Retrieved March 4, 2013.
- ^ "Michigan adoption ban for unmarried couples being challenged in court today". Detroit News. August 29, 2012. Retrieved September 7, 2012.
- ^ Ferretti, Christine (September 7, 2012). "Hazel Park women challenge Michigan's marriage amendment". Detroit News. Retrieved September 7, 2012.
- ^ "Mississippi leads nation in same-sex child rearing". Northeast Mississippi Daily Journal. 2011-08-26. Retrieved 2012-03-12.
- ^ Mississippi Statutes Annotated § 93-17-3(5)
- ^ Swayze, Royce (August 14, 2015). "Same-sex couples sue over Mississippi adoption ban". USA Today. Retrieved September 14, 2015.
- ^ Brooks, Karen (August 12, 2015). "Suit challenges Mississippi ban on adoption by same-sex couples". Reuters. Retrieved September 14, 2015.
- ^ O'Brien, Brendan (August 27, 2013). "Couples challenge Nebraska ban on gay adoptive and foster parents". Reuters. Retrieved August 29, 2013.
- ^ Mangan, Dan (October 1, 2012). "Judge rejects birth mother & gives custody to partner". New York Post. Retrieved October 2, 2012.
Additional sources[edit]
- Carlos A. Ball, The Right to Be Parents: LGBT Families and the Transformation of Parenthood (New York University Press, 2012)
- Juliet Eilperin, "Another front in the gay rights battle", Washington Post, July 11, 2013
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