Adoption for same sex couples is a very controversial topic in Family Law, and often same sex couples face many unique issues if they wish to adopt. Many states have different laws that apply for gay and lesbian adoption, as opposed to heterosexual couples. Several states also have special rules that apply when a child is born into a gay or lesbian partnership. Gay and lesbian couples may sometimes opt to bring a child into their lives through conception and birth as well. For a lesbian couple, this is usually done through a male donor or a sperm bank and having one of the couple become pregnant. Similarly, gay men may use a surrogate mother and then become a legal parent through adoption. The other parent then can become a legal second parent through stepparent or second parent adoption. However, many states including Virginia don’t allow second parent adoption.
The definition of a legal ‘parent’ is (n.) the lawful and natural father or mother of a person. The word does not mean grandparent or ancestor, but can include an adoptive parent as a replacement for a natural parent. Adoption laws vary from state to state, and there are some states that do allow lesbian and gay couples to adopt children as legal, joint parents. Gay and lesbian couples in these states can go through adoption agencies in order to adopt, personally arrange their adoption, or even adopt internationally.
In many states, however, stepparent, second parent or even joint adoption is not an option for gay and lesbian couples. Although the Commonwealth of Virginia does not have a law in place that prohibits same sex couples from adopting a child, it is usually a very hostile situation and it may be very difficult in many occasions for gays and lesbians to ...
... middle of paper ...
...he way society will treat the child, the psychological effects on the child and the child’s well being and safety above all are the main factors that the courts should look at when dealing with this issue.
As previously stated the issue of same sex adoption is one of the most controversial topics in today’s Family Law across the country and with good reason. Given that this involves the upbringing of human beings who are the future of our society, it is extremely important to make sure that they are given the best care and best influences in their lives in order to make good moral and educated decisions in their future lives. Same sex parenting may not be as bad as society has made it seem but it absolutely has to be socially and scientifically proven before any more steps are taken in this matter because, after all, it is in the “best interest of the child.”
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.)
As you can tell, this topic is very controversial with very different, strong points of view. All of the people with these opinions are extremely compelling and will stick to what they believe and feel. This is a very important topic that involves everyone in the United States and the rest of the world. There are many numerous different angles and techniques to look at this issue that it has been very hard to solve. It can determine if this child will be in jail with adults 50 years old or not. This problem can determine the rest of child’s life and their future.
Adoption law is largely a state law; although the parent child relationship established by adoption may have direct consequences in field of Federal law like social security, which are affected by family status. All 50 states have statutes governing adoption. Adoption is the process by which relationship between a legal parent and a child is created between individuals not biologically parent and child. In some states doctrines of “equitable adoption” allow courts to recognize adoptions when not all-statutory procedures have been carried out.
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.
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).
...ould not adopted him”(McKinley). Many same-sex couples live in fear if they do not have adoption papers, because their parental rights might be questioned if they were to travel where same-sex adoption is not allowed. Or if the child was to be an accident the non-legal parent would not have a say in the child's medical health.
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.
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...
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 ...
In the last ten years, many established gay men and lesbians have been increasingly undertaking parenthood through donor insemination, surrogacy, or fostering and adoption (McCann, 2005). Thus, a new type of family formation in American society has been generated. Due to the formation of same-sex households, gay and lesbian parenting is no longer a concept. This type of parenting has become a reality which society as a whole is struggling to accept (McCann, 2005).
Nowadays, the question of gay marriage is one of the most heated and controversial. Over the years, same-sex couples are fighting for the legal recognition for their marriages and their right as parents. Parenthood is one of the most valuable experiences in a human life. After finding a partner, it is natural for people to want to raise children. Homosexual parent are the same in ability and commitment to raised healthy children. It would be a big step for improvement in our society to provide necessary support and rights for same-sex couples and their children.
‘Adoptions plunge as red tape adds to delay of getting a child, SMH 2013’ details 40 years ago adoptions reached nearly 10 000 in Australia but in 2011/12 there was only 333 children adopted. The reasoning behind this significant drop is due to effective birth control, IVF, substantial waiting lists to adopt domestically and the average 4 year wait to adopt a child from overseas, despite this significant wait almost half the 2011/12 adoptions were overseas; primarily the Philippines and South Korea. In addition the 2012 article ‘Children to get families, not foster care’ highlights that there’s 18 000 children in foster care who aren’t provided a permanent home. To overcome this, the NSW government is aiming to increase adoption rather than keep children in long term foster care when their parents are unable to provide care for them. The government needs reformations in law so it remains relevant and of use, in keeping with changing societal values there is controversy, this is prominent regarding the same sex adoption situation. Adoption as a state matter conclusively means variance between the states and is obvious for the case of adoption for same sex couples. Currently same sex adoption for couples is permitted in ACT, NSW, WA, TAS and VIC; coming into effect September 2016. SA, NT and QLD don’t allow same sex couples to adopt, however QLD permits single LGBT people to
Adopting children in that environment would lack both mother and father figure in their life. For example, “Children without a father figure would have higher risks of early sexual activity and teen pregnancy; however, children without a mother figure deprive emotional security and unique advice that mothers provide (Pro Con).” The question is raised, should adopted children be reared and educated into a lifestyle that isn’t natural before they are old enough to understand the discrepancies? Young children that grow up in same-sex marriage environment may experience confusion and embarrassment in public surroundings; likewise, young adults and teenagers who have family members or who are personally members of the LGBT community may experience embarrassment and unusual social pressure. Children in a stable family with both mother and father figure would provide the best environment for them to mature and be responsible. Some same-sex family dynamics are from previous heterosexual marriages; therefore, this could affect the relationship between children and the immediate family members. Being part of the LGBT community could influence immediate and extended family on whether they accept or reject their relationship to the