Gay and Lesbian Adoption Rights, Essay Example

This work discusses the legislation concerning lesbian and gay adoption rights which differ strongly from country to country and from state to state. In the U.S. some states allow adoption while others prohibit it. There four states that pioneered in permitting gay and lesbian adoption are Vermont, New Jersey, California and Massachusetts. Other states either follow their example updating their legislation or discourage adoption presenting more legal obstacles. The two states in which it is most difficult for lesbian and gay couples to adopt children are Utah and Florida. Utah does not view same-sex families as legally valid and binding marriages, although single people are allowed to adopt irrespective of their sexual orientation unless they co-habitate in non-marital relationships.

In Florida, the law that prohibits gay and lesbian adoption dates back to 1977. It was then that Anita Bryant organized a statewide campaign to over-turn Dade county’s gay rights law. She managed to convince state senators that gays and lesbians could molest children and gay adoption was banned. However, the law was struck down by Judge Cindy Lederman in November 2008. Lederman’s view of the problem was that it was unreasonable to prohibit legal adopting while gays and lesbians were allowed to act as foster parents. She also insisted that the ban violated equal protection rights for the children and their prospective gay parents.

The same November 2008, Arkansas joined the anti-adoption coalition. Its voters approved banning people who co-habitate outside of a valid marriage from becoming foster parents or adopting children. Thus, the law also applies to heterosexual couples, but it is believed to be aimed at gays and lesbians who cannot marry in that state and, consequently, cannot adopt or even foster children.

Worldwide, adoption by same-sex couples is only legal in some countries like Guam, Andorra, Belgium, Denmark, Iceland, Netherlands, Norway, Sweden, South Africa, Spain, the United Kingdom and some parts of Australia and Canada. Denmark, Germany and Israel permit stepchild adoption allowing one partner of the civil union to adopt the natural or adopted child of another. France’s Court of Cassation also allowed adoption in this case in February 2007. The United Kingdom, Republic of Ireland, Hungary and some other countries support universal adoption policy which makes anyone capable of providing a healthy stable family home a potential adoptive parent, irrespective of his/her sexual orientation and marital status. In the Republic of Ireland same-sex couples are allowed to adopt because of the dire need for foster parents.

In most cases, the legislation is imperfect in terms of the rights of a second-parent. For example, in case the couple splits up, the second parent does not have such legal support as is available for heterosexual parents and may easily lose a child despite contribution in raising him/her. The second parent may be treated as a stranger and the legal parent may be given by the court an absolute right to deny all future contact between the ex and the child. Only a few courts make some allowances for non-legal parents if they happen to find out that they are crucial in the child’s life. In this case the non-legal parents may acquire the status of “de factor parents” or “psychological parents” and be allowed to have contact with the child.

The most common arguments against same-sex families adoption are based on the assumption that children in such families are at risk of gender confusion.  Moreover, high depression, suicide, promiscuity and violence rates in homosexual families make them less reliable in terms of adoption for the public. Other opponents argue that at the moment children from gay and lesbian parents are likely to be subject to harassment and ridicule.

The arguments in favor of gay and lesbian adoption are as follows. Firstly, a great number of parentless children are waiting to be adopted. Banning gay and lesbian adoption means that more children will stay in orphanages while they could have had secure permanent homes. In addition, American statistics show that only 24% of American families include married mother and father and children living at home. It cannot be stated, therefore, that traditional families presents a majority and same-sex ones would be an outrageous exclusion. A strong point for gay and lesbian adoption has been obtained due to numerous studies which showed that children who grow up in one or two-parent gay or lesbian household fare just as well emotionally as socially as children of heterosexual parents. It has also been revealed that children are much more interested in their interaction with parents that in the parents’ sexual orientation. That is why the American Association of Pediatrics supports gay and lesbian adoption.

In conclusion, it seems preferable to decide on such a delicate issue as gay and lesbian adoption leaning on in-depth studies and individual attention to each case. If a gay or lesbian couple cannot offer permanent financial support to a child or is known for drug or alcohol abuse or violent relationships, it should not adopt children. However, if a couple is able to provide a loving secure home, it appears unreasonable to deny the couple and a child this happiness. Overall, it is widely felt that gay and lesbian adoption legislation should be reviewed and elaborated on.

References

Belge K. Lesbian and Gay Adoption Rights. Retrieved March 24, 2009, from http://lesbianlife.about.com/cs/families/a/adoption.htm

Craft C., Gay Adoption Basics. Retrieved March 24, 2009, from http://lesbianlife.about.com/cs/families/a/adoption.htm

Gay and Lesbian Adoption and Parenting. Retrieved March 24, 2009, from http://www.nolo.com/article.cfm/pg/1/objectId/63423603-9D36-4ECA-B3626C7615458270/catId/56932A5A-84E0-4902-A048DBF98CB9A78D/118/122/174/ART/