LGBT adoption
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LGBT adoption refers to the adoption of children by lesbian, gay, bisexual, or transgendered people.
Contents |
[edit] Legal status around the world
Adoption by same-sex couples is legal in Guam, Andorra, Belgium, Finnland [1] Iceland,[2] the Netherlands, Norway [3], Sweden, South Africa, Spain, the United Kingdom, some parts of Australia, Canada and some parts of the United States.
In Denmark, Germany,[4] 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 United Kingdom, Republic of Ireland, Hungary and some other countries, there is a universal adoption policy, meaning anyone judged 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 most cases are step-child fostering cases (step-child adoption of same sex couples is illegal).
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.[8]
| State | LGBT individual may petition to adopt | Same-sex couple may jointly petition | Same-sex partner may petition to adopt partner’s child |
|---|---|---|---|
| Belgium | Yes | Yes | Yes |
| Finland | Yes | Yes | Yes |
| Netherlands | Yes | Yes | Yes |
| Norway | Yes | Yes (restrictions on international adoption) | Yes |
| Spain | Yes | Yes | Yes |
| Sweden | Yes | Yes | Yes |
| United Kingdom | Yes | Yes | Yes |
| Latvia | No | No | No |
| Poland | Yes | No | No |
| Republic of Ireland | Yes | No (although same-sex partner may foster) | No (although fostering allowed) |
"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 | Unclear | No explicit prohibition | Unclear |
| 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 | Yes | Yes |
| North Carolina | Yes | Unclear | Unclear |
| North Dakota | Unclear[21] | No explicit prohibition[21] | Unclear |
| Ohio | Unclear | Unclear | In some jurisdictions |
| Oklahoma | Yes[22] | No explicit prohibition[22] | 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[23] | 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.[15]
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,[24] Manitoba,[25] Newfoundland and Labrador,[26] Nova Scotia,[27] Ontario,[28] Quebec,[29] Saskatchewan,[30], the Northwest Territories.[31], and Nunavut [32]. In Alberta, stepchild adoption is allowed.[33] Adoption by same-sex couples is illegal in New Brunswick, and[citation needed] Prince Edward Island,[citation needed]. 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,[34] 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.[35] 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.[36]
| 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 |
- Further information: LGBT rights in Australia
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.[37]
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.[38]
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]
[edit] Financial considerations
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.[39][40]
[edit] Controversy
 |
This section does not cite any references or sources. (May 2008) Please help improve this section by adding citations to reliable sources. Unverifiable material may be challenged and removed. |
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[citation needed]; 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.
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.
Adoption.com is one the biggest, and possibly most widely used adoption websites in the United States. In a decision made by U.S. District Judge Phyllis Hamilton on May 21st, 2007, Adoption.com as well as its sister company ParentProfiles.com were denied the privilege of marketing their services to the people of California. It was found that the companies had failed to fully comply with California anti-discrimination laws which extend to sexual orientation and marital status. The internet companies, who act as a medium for people who are seeking to adopt, expectant mothers looking to place their child in an adoptive home and agencies with available children for adoption, have denied services to homosexual couples, single persons and all couples not considered legally married, by not allowing these persons to post profiles of themselves on the sites for the purpose of making contact with expectant mothers seeking homes for their children. By denying services to these persons the companies have perpetrated acts of discrimination based on sexual orientation and marital status. These companies provide services to, and gain profit from, numerous states across the U.S., however at least nineteen states, in which the companies do business, have various anti-discrimination laws which are being violated by these companies. These states are Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin respectively.
[edit] See also
[edit] Bibliography
- New Zealand Law Commission: Adoption- Options for Reform: Wellington: New Zealand Law Commission Preliminary Paper No 38: 1999: ISBN 1-877187-44-5
[edit] 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
- 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.
[edit] References
- ^ Queer:Finnland für Homo-Adoption
- ^ Samtokin:LGBT-Rights
- ^ [Pinknews:Norway's gay marriage law also grants new parental rights
- ^ LSVD
- ^ CBS News | France Broadens Gays' Parental Rights
- ^ French high court rejects same-sex adoption - Queer Lesbian Gay Election News - Gay.com
- ^[dead link – EMRK is for the LGBT adoption history]
- ^ 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
- ^ a b Human Rights Campaign, State Adoption Laws, accessed 2007-09-27
- ^ 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.
- ^ 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.
- ^ Sexual Orientation and Legal Rights (92-1E)
- ^ Sexual Orientation and Legal Rights (92-1E)
- ^ Sexual Orientation and Legal Rights (92-1E)
- ^ 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.
- ^ Sexual Orientation and Legal Rights (92-1E)
- ^ Sexual Orientation and Legal Rights (92-1E)
- ^ Sexual Orientation and Legal Rights (92-1E)
- ^ Human Rights Program
- ^ Sexual Orientation and Legal Rights (92-1E)
- ^ 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
- ^ G. Gates, et al., Adoption and Foster Care by Gay and Lesbian Couples in the United States, March 2007.
- ^ According to the American Academy of Child & Adolescent Psychiatry, "About 30% of children in foster care have severe emotional, behavioral, or developmental problems." "Facts For Families: Foster Care", American Academy of Child & Adolescent Psychiatry, May 2005.
[edit] External links
- Gay adoption group - "newfamilysocial": LGB adoption resource, and UK based support group.
- www.adoptionconnections.ca: Canadian online adoptive parent registry, "Dear Birthparent" letter consultation, adoption forums.
- 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)
- [dead link – Let Him Stay history] - 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
- Diverse Family Resource, PC, Advocates and supporters of LGBT families
