The Louisiana courts have remained conveniently silent regarding de facto, or psychological, parentage in their legislation and case law. In Gill v. Bennet, a grandmother appealed a lower court ruling, claiming she was the “psychological parent” of her grandchild because of a guardianship order from an Indiana court. The court noted there are no cases or statutes expressly addressing de facto parents in Louisiana. There have been custody and visitation cases regarding claims of “psychological parent” by grandparents, which resulted in the development of La. Civ. Code Art. 136 and La.R.S. 1344. The court proceeded to address her appeal as a grandparent, or third party seeking custody from a natural parent. The court upheld the trial courts ruling awarding joint custody to the parents of the child, naming the father domiciliary parent, declining to acknowledge the grandmother as a de facto parent, but awarding her visitation under La. Civ. Code Art. 136 because “extraordinary circumstances” existed.
Adoption
Adoption options in Louisiana for same-sex couples are extremely limited. The Louisiana code provides, “A single person, eighteen years or older, or a married couple jointly may petition to adopt a child through an agency.” This means that gay and lesbian couples may adopt individually. The code explicitly states that for a couple to adopt they must be married. Gay and lesbian couples cannot legally marry in Louisiana, as it is strongly against public policy. Therefore, they cannot jointly adopt a child legally.
Second parent adoption is an important tool utilized by same-sex couples in an effort to protect their parental rights in states where same sex marriage is not recognized. Although gay and lesbian paren...
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...y and Visitation Rights and Child Support Obligations of De Facto Parents, Lesbian, Gay, Bisexual, and Transgender Family Law § 7:14, Dec. 2013.
ALI Principles § 2.03 (b) (2000).
Miller, quoting rule 1401 (a)(8)of the Juvenile Court Rules of the California Rules of Court.
In re Guardianship of Z.C.W., 84 Cal.Rptr.2d 48,
See In re Guardianship of Z.C.W., 84 Cal.Rptr.2d 48 (Ct. App. 1999) (holding a lesbian parent is not entitled to custody of a child conceived during a same-sex relationship); Curiale v. Reagan, 272 Cal. Rptr. 520 (Ct. App. 1990) (holding that a non-parent had no standing to seek custody against a child’s natural parent.)
William Reppy, Jr. & Cynthia Samuel
Id.
Id.
Id.
Palazzo v. Mire
Leitsinger
Alan Duke. Hawaii to become 16th state to legalize same-sex marriage. http://www.cnn.com/2013/11/12/us/hawaii-same-sex-marriage/
Many potential adopted parents have experienced heartbreak, anguish and other problems that can be associated with adoption. There is an imbalance in the Nations foster care system and the system needs to be strengthening and the quality of services improved.
Since 1972, the issues surrounding the rights of unwed birthfathers have provided America with a highly controversial and morally challenging topic for debate. Prior to 1972, these unwed fathers were given little or no involvement in their child’s adoption proceedings, but because of highly publicized adoption cases in which birthfathers have retained custody of their child many years after their adoption took place, state legislatures have been forced to review their adoption laws regarding birthfathers and create more concrete ones. The laws in Florida regarding birthfathers have changed dramatically over the past several years, with complicating, senseless laws being replaced with more rational and reliable ones. The newest laws, passed in 2003 regarding a Putative father registry provide the most stable and fair support for legal adoption proceedings.
The topic of child welfare is quite a broad one. There are numerous programs and policies that have been put in place to protect children. One of these policies is that of Adoption. Adoption was put into place to provide alternate care for children who cannot live with their biological families for various reasons. One of the more controversial issues surrounding adoption is that of Transracial adoption. Transracial Adoption is the joining of racially different parents and children (Silverman, 1993).
Trans-racial adoption has been and continues to be on the rise in many parts of the world. Throughout the years numerous questions pertaining to race and ethnicity have been raised. Ethnicity can be defined as a common belief that people with the same ancestry and genealogy should be associated together. While people of the same origin share common sociological aspects, people of the same race share a biological connection. Races are considered to be people who share many aspects of life, like the color of their skin and a common nationalism. A social class of people can be defined as individuals in a society who share the same socioeconomic status. It is a way to describe the social stratification of people in a society. It also gives remedial measures on coping with the issues of racial, religious and gender discrimination along with negative ethnicity that individuals may be faced when adopting a trans-racial child. This research paper covers the adoption of trans-racial children in regards to racism. There is also a discussion on the aspect of divorce in Canada. The following issues that lead to adoption are also included: The issues of poverty, and the experience of infertility.
Perhaps most indicative of the law's blatantly homophobic basis is the fact that the state has no restrictions on using gays and lesbians to relieve the burden on the foster care system. The state frequently uses gay couples to provide homes for disabled and terminally ill children, but refuses to recognize that thi...
In the last four decades, the concept of the American family has undergone a radical transformation, reflecting society's growing openness. Among all segments of society, there is a greater acceptance of a variety of family structures from single parenting to blended families to same sex parenting of children. The introduction of openness into the process of adoption offers new opportunities for children in need of a parent or parents and prospective parents wishing to create or expand their families. Meeting the requirements to become eligible to adopt no longer means being constrained by the conventions of an earlier generation.
Adoption is the complete and permanent transfer of parental rights and obligations, usually from one set of legal parents to adoptive parents(Ademec 27). Not until the late 19th century did the U.S. legislative body grant legal status to adoptive parents. This is when children and parents started to gain rights and support from the government. Through the years new laws have been passed and amended to keep the system fair to all adoptive parents. In 1994, Congress passed the Multiethnic Placement Act, making it illegal to delay the placement a child to find a racially matching family. In 1996 the Multiethnic Placement Act was amended to say, “One can not use race as a routine consideration in child placement”(Lewin sec.A). Before 1994, it was difficult to place a black child with white adopters. Last year 5,000 children were adopted from Europe, and 6,000 from Asia, while 183 came from Africa.(Lewin sec. A). The number of out-of-country adoptions are so high because of the requirements and regulations one must follow in the U.S. The requirements include being 21, and include being committed and loving. The home income must be adequate enough to support the family. Passing all of the medical exams and filling out the personal information is mandatory. But the main reason people adopt from overseas is because it is much quicker. A person can adopt a child from another country in a matter of months. In the U.S. the wait can exceed 5 years, which is why some people choose international adoption.
Joan B. Kelly, P. (2014). The Determination of Child Custody in the USA . Retrieved from http://www.familylawwebguide.com.au/library/spca/docs/The%20Determination%20of%20Child%20Custody%20in%20the%20USA.pdf
... if? The legal consequences of marriage and the legal needs of lesbian and gay male couples. Michigan Law review. Nov.1996. Pg. 447-491. http://www.jstor.org.remote.baruch.cuny.edu/stable/1290119?seq=1&uid=3739664&uid=2134&uid=2&uid=70&uid=4&uid=3739256&sid=21103079482127
Whether a created family is from previous heterosexual relationships, artificial insemination, or adoption, it deserves the same legal rights heterosexual families enjoy. Full adoption rights needs to be legalized in all states to provide a stable family life for children because sexual orientation does not determine parenting skills, children placed with homosexual parents have better well-being than those in foster care, and there are thousands of children waiting for good homes. The argument sexual orientation interferes with ones parenting skills is common belief that Charlotte J. Patterson identifies as myth in her work, Lesbian and Gay Parents and their Children, suggesting the belief that “lesbians’ and gay men’s relationships with sexual partners leave little time for ongoing parent–child interactions.” In the Who is Mommy tonight? case study, how 18 lesbian adoptive parents, 49 lesbian parents who formed their families biologically, and 44 heterosexual adoptive parents experience and perceive their parenting role, how they respond when their children seek them or their partner for particular nurturing, and how the parents negotiate the cultural expectation of a primary caregiver (Ciano-Boyce & Shelley-Sireci, 2002) is looked at.
Homosexuality is becoming more and more accepted and integrated into today’s society, however, when it comes to homosexuals establishing families, a problem is posed. In most states, homosexuals can adopt children like any other married or single adult. There are many arguments to this controversial topic; some people believe that it should be legal nationally, while others would prefer that is was banned everywhere, or at least in their individual states. There are logical reasons to allow gays to adopt children, but for some, these reasons are not enough. The main issue really is, what is in the best interest of the child? This type of problem isn’t really one with causes, effects, and solutions, but one with pros and cons. Like any other adoption situation, a parent prove themselves to be responsible and capable enough to raise a child on their own, or with a spouse.
Same-sex couples can become parents through means of former relationships, co-parenting, surrogacy, adoption, and donor insemination, although major legal discrimination continues to challenge this process for families. The difficulty faced by many of these couples to have children oftentimes results in even more nurturing environments. This variance in route to parenthood can make same-sex couples that are having children more motivated to be doing so. “Planned families reflect the desire of sexual minorities to have children outside of heteronormative circumstances” (Moore 2013:495). Non-heterosexual parents on average have stronger relationships with their children th...
Someone is adopting everyday children all over the world. The children wait joyfully for couples to come and adopted them. So If a gay or a lesbian couple goes to adopted a child from a foster home they would have to go though more hassle then a straight couple would.
There are relatively few legal restrictions on who may adopt. States most frequently regulate age, residence and marital status (Lasnik 13). Most states allow any adult determined to be ...
The bond between these two women and this child is permanent and cannot be changed by law. The law can only govern which woman has the legal right to raise the child. Works Cited Centre Points, Volume 1, No. 1, Article #2, Surrogate Motherhood and its Human Costs, Suzanne Rozell Scorsone, Ph.D. ;1-2 Johnson v. Calvert, 5 Cal.