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Adoption: The Legal Process Of Adoption
Children of same gender parents
Children with same sex parents
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LGBT Adoption
“ There are approximately 100,000 children and/ or adolescents who are in the Child Welfare System waiting to be put into foster care or be adopted” (Kreisher). The number of children living with 1 Lesbian, Gay, Bisexual, or Transgender (LGBT) parent today ranges from six to fourteen million children or adolescents. Adoption is to take into one’s family legally and raise as one’s own child.
Although adoption is first spoken of in the Bible, the first recorded adoption takes place in 1693 in the colonial United States when the governor of Massachusetts adopts a son marking the first legal adoption (Sezun). Adoption begins in the United States in 1851 when Massachusetts passed the first child adoption act (Herman). In 1920, the first Child Welfare League of America was founded. “From 1854- 1929 there were many orphan trains that traveled the United States” (Meiser, Velen, and et al). At that time orphan trains were a common way in the United States for children without families to try and find a family. “Within the past 50 years, adoption has switched from being predominantly healthy, white babies being adopted by married couples to a much more wide variety of children being adopted and the parent(s) are not always married or heterosexual” (Kreisher).
Today, adoption professionals are placing more children with homosexual parents. New Jersey was the first state to designate non-discriminatory adoption policies. In addition to current adoption laws, there is also second- parent adoption that can take place where a homosexual parent can adopt in a state where currently legal and their domestic partner can adopt the same child so both parents are legal guardians of that child. “In 1977, Florida passed a law banning ...
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...iser, Rita, Marcie Velen, and et al. "Adoption History." Research etc., inc.. Arizona Children’s Home Association, 1995. Web. 27 Feb 2012.
"Stark: 'Every Child Deserves a Family.'" U.S. Congressman Pete Stark. Web. 5 Mar. 2012.
Sezun, S.. Daughter from danag. 2003. Web. 13 Mar 2012.
U.S. Government. Internal Revenue System. Topic 607 adoption. 2011. 0. 13 Mar 2012.
102nd Congress. "Thomas Library of Congress." S.268 -- Special Needs Adoption Assistance Act of 1991. 24 Jan. 1991. Web. 2 Mar. 2012.
110th Congress. "Thomas Library of Congress." S.2395 -- Adoption Improvement Act of 2007. 16 Nov. 2007. Web. 2 Mar. 2012.
112th Congress. "Thomas Library of Congress." S.1318 -- Supporting Adoptive Families Act. 30 June 2011. Web. 2 Mar. 2012.
112th Congress. "Thomas Library of Congress." S. 1770--Every Child Deserves a Family Act. 1 Nov. 2011. Web. 13 Mar. 2012.
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...
(June 2011). The AFCARS Report Preliminary FY 2010 Estimates as of June 2011 (18). U.S. Department of Health and Human Services. Adoption and Foster Care Analysis and Reporting System.
The Multiethnic Placement Act of 1994 (MEPA) (P. L. 103-82), was enacted on October 20, 1994 by President Bill Clinton ("Multi-Ethnic Placement Act," n.d.). The MEPA was passed to prohibit any agency or individual receiving Federal assistance that is involved in the adoption or foster care programs from delaying or denying the placement of a child based on the race, color, or national origin (RCNO) of the child or the adoptive or the foster parent (Civic Impulse, 2017). According to the Department of Human Services Online Directives Information System, adoption is the social and legal process designed to establish a new legal family giving children the same rights and benefits of those who are born into a family (2016). According to the Department
Stolley, K.S. (1993). Statistics on adoption in the United States. The Future of Children: Adoption, 3(1), 26-42
DeCataldo, K., & Carroll, K. (2007). Adoption Now: A joint initiative of New York's Courts and Child Welfare System. Child Welfare, 86(2), 31-48. Retrieved from professional Development Collection database.
When I heard the clicks of heels in the hallway, I sat up attentively on the waiting couch. A pleasant looking woman came to greet me. She was in her mid fifties and introduced herself as Celeste Drury. She worked with the children home society, an adoption agency that is located in Oakland. I found Celeste through a family friend. The family friend knew my interest in learning about adoption and the criteria used for adoption processes. I was excited to meet Celeste and to learn about what she did. Settling in my chair, Celeste slightly cheered me. Celeste orphanage was licensed under the adoption agencies act. It has been in existence for many years. Children home society is in charge of providing adoption services in the entire state of California. I asked Celeste of its role and she said that it “helps parents to make informed decisions about their children, and also give tips on the adoptive parents” (Drury).
Since the beginning of time, people have been adopting. Whether or not the adoption process is for everybody is a debatable topic. Adoption occurs all over the world and is the cause for an impact on not only the children being adopted, but also an impact on those who adopt. Whether it’s nationally on internationally adoption is everywhere and will continue to grow in popularity as the years go on.
Adoption is a process where by a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the biological 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. Adoption has changed considerably over the centuries with its focus shifting from adult adoption and inheritance issues toward children and family creation; its structure moving from recognition of continuity between the adopted and kin toward allowing relationships of lessened intensity. In modern times, adoption is a primary vehicle serving the needs of homeless, neglected, abused and runaway children (Wikipedia, “Adoption”).
In the United States there are approximately 397,000 children in out-of home care, within the last year there was about 640,000 children which spent at least some time in out-of-home care. More than 58,000 children living in foster care have had their biological parental rights permanently terminated (Children’s Rights, 2014). Due to the rising number of children in foster care and the growing concerns of the safety, permanency, and well-being of children and families, the Adoption and Safe Families Act of 1997 was signed into law. On November 19, 1997, President Bill Clinton signed the Adoption and Safe Families Act of 1997, to improve the safety of children, to promote adoption and other permanent homes for children who need them, and to support families (Child Welfare League of America). The Adoption and Safe Families Act also promotes adoption by offering incentive payments for States. During the FY of 1999-2003 the payment to states which had exceeded the average number of adoptions received $20 million (Child Welfare League of America). The ASFA improved the existing federal child welfare law to require that the child’s health and safety be a “paramount” concern in any efforts made by the state to preserve or reunify the child’s family, and to provide new assurances that children in foster care are safe (Shuman, 2004).
Children's Bureau . “Planing for Adoption: Knowing the Resources and Costs .” Childwelfare.gov , U.S Health and Department of Services, Nov. 2016, www.bing.com/cr?IG=8AFC8E13033549689029495B28C52C50&CID=0FF17B92B33C6A52050470A7B23A6BAD&rd=1&h=mavOkb37CeNqnedHJzzoLpEpCg0naQO_evdoAMFhO94&v=1&r=https%3a%2f%2fwww.childwelfare.gov%2fpubpdfs%2fs_costs.pdf&p=DevEx,5202.1.
Adoption is as old as time itself, even if it wasn?t formally called that. It has been spoken about in old Greek texts, and in the bible itself. However, not until the 1850?s was adoption legally sanctioned. At this point, adoption was usually a matter of financial circumstances. Children were given to farmers to help tend the land during Industrialization, because some families were unable to financially care for the children in their new lives in the city. As the need for adoption laws increased, Massachusetts instituted the first formal statute. These statutes however, did little to protect the child. Finally, in 1917, Minnesota required the state agency of child welfare to investigate these cases and make recommendations to the court.
In recent years, same-sex relationships have become more encompassing in US society. State legislation is changing such as accepting gay marriages, enforcing anti-discrimination laws, and legal gay adoptions; the lesbian, gay, bisexual, and transgender community is becoming public. Gay-headed families, like heterosexuals, are diverse and varying in different forms. 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.
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.
Suprynowicz, Vin. “The United States Should Not Adopt Open Adoption.” Opppsing Viewpoints: Immigration. Eds. David M. Haugen, Susan Musser and Kacy Lovelace. Farmington Hills, MI: Greenhaven Press, 2009. 141-146. Print.
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.