GAY ADOPTION

ADOPTION

Is a process whereby a person assumes the parenting for another who is not kin and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically some societies have enacted specific laws governing adoption whereas others have endeavored to achieve adoption through less formal means, notably via contracts that specified inheritance rights and parental responsibilities. Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations.

Gay adoption is nothing new. Gays and lesbians have been adopting for a long time, but only recently have gay adoptions been done openly.

Many gay and lesbian people are choosing to become parents. Some bring children with them from previous relationships or some couples impregnate through artificial insemination. Others are finding adoption to be their preferred method of bringing a child into their family. Since state laws vary on adoption rights, not every gay and lesbian person has the same ability to adopt.


Only four states, Vermont, New Jersey, Massachusetts and California permit same sex couple adoption. Some states permit single people to adopt, others discourage it. Because gays are not allowed to marry, it can be hard for gay people to adopt a child in those states. Because Vermont has Civil Unions , both parents have equal rights in adoption cases.


Currently Florida specifically bans gays and lesbians from adopting. The law dates back to 1977 when Anita Bryant led a statewide campaign to over-turn Dade county’s gay rights law. Claiming that gays and lesbians were child-molesters, Bryant was able to convince state senators to vote for a ban on gay adoptions. The law has been challenged several times, but each time, it has not been overturned and remains on the books today.


The ACLU currently has a lawsuit challenging the law. At the center of the debate is a Florida couple who wish to adopt several foster children they have been raising for years.

The Case For Gay and Lesbian Adoptions:


•The United States has many children waiting to be adopted. Older children and those with special needs are especially hard to place. Children who fit this category are in foster homes right now with gay and lesbian parents who want to adopt them. It is unfair to the children to deny them permanent secure homes.

•Most children in the United States do not live with two married parents. In fact, according to the 2000 census, only 24% homes were composed of a married mother and father with children living at home. The Florida court argues that children are better off raised in a two-parent heterosexual household. In fact, scientific studies have shown that children who grow up in one or two-parent gay or lesbian households fare just as well emotionally and socially as children whose parents are heterosexual. Studies have shown that children are more influenced by their interactions with their parents, than by their sexual orientation. With this in mind, the American Association of Pediatrics supports gay and lesbian couples adopting children.

•There is no legal reason why gays and lesbians should be denied the right to adopt children. The law only hurts children waiting to be adopted and deprives loving parents who would care for these children.

•If a couple has a child through artificial insemination, only the birth parent is recognized as the legal guardian. Through second-parent adoption, both parents can obtain legal custody of the child. In the states that do not allow second-parent adoption, if something happens to the custodial parent, the remaining parent, even if they have been raising the child for years, can be seen as a stranger in the eyes of the law. The child may not be eligible for the non-custodial parent’s health insurance, social security or other insurance if that parent becomes incapacitated. There is no way this can be in the best interest of the child.

The Case Against Gay and Lesbian Adoptions:



•Florida argues that it has the right ban gay adoptions because it is the state’s way of saying it disapproves of gay and lesbians becoming parents.

•The Florida court argues that children are better off in homes with a mother and a father who are married.

•Some opponents argue that children of gay and lesbian parents will be subject to harassment and ridicule.