|
|

This is only a preview of the paper Click here to register and get the full text. Existing members click here to login
|
|
|
Gay and Lesbian Adoption
There are two main issues facing gay and lesbian parents today; the legal adoption by the second, non-biological parent, and the joint legal adoption of children currently in the foster care system. ... Gay and lesbian couples should play a large role in the updated definition. However, at least 2 states, New Hampshire and Florida, have laws specifically barring same sex couples from adopting (Smothers B4) and others ban adoption on the premise of adoption not being in the best interest of the child (Moe). Even when a state doesn・t have a specific ruling on same sex adoption it is often left up to the individual social workers that are allowed to find sexual orientation as a reason to reject the applicants (Moe). ... ; In many cases gay and lesbian couples choose to have their own biological children and then face the issue of adoption by the second cohabiting parent. Many children are being raised in gay and lesbian parenting families in which both parents have been raising the child since birth or infancy (Gibson 2). The best options for these families are to obtain a second parent or joint adoption legally, which gives both parents the power to care for the child. :Second-party; adoption allows the partner to adopt a biological parent・s child, or a child that has already been adopted by one parent, without terminating the parent・s rights (Cite). Currently, 17 states have granted second-party adoption petitions. However, the other 33 states will not recognize this type of adoption, leaving one parent out in the cold.
Where these options are not available, gay and lesbian families attempt to protect their child/parent relationship by retaining a variety of private contracts: wills, guardianship agreements, authorization to consent to emergency medical treatments, etc. ... Unfortunately, private documents are vastly inferior to legal adoption because they do not legally recognize the parental relationship. ...
In the case of separation, adoption becomes a critical act to protect the child from losing one parent. ... ; Without legal adoption many children of separated gay and lesbian couples are denied this right. ... :Victoria Lane was granted a second party adoption of Laura Solomon・s biological child, Tessa, and Laura Solomon was granted a second party adoption of Victoria・s biological child, Maya, by a District of Colombia trial court. ... Due to the second parent adoption, Laura, as the surviving parent, had no need to undergo any court action to protect her relationship with her deceased partner・s child.
Approximate Word count = 2086 Approximate Pages = 8.3 (250 words per page double spaced)
|
|
|
|
|
|