Gay Adoption Research Paper
SYO 4102-American Families
Term Paper Assignment
State Level Policies Regarding Laws on Adoption by LGBT
Adoption is the social, emotional, and legal process in which children who will not be raised by their birth parents become permanent legal members of another family. Adoption is one of the primary ways that LGBT parents create families; whether through the public foster care system, a private agency, or simply a second-parent adoption of a partner or spouse’s child. However, in most places across the country LGBT individuals and couples face barriers to adoption, making it difficult or sometimes impossible for these loving, qualified people to create families. Lesbian and gay parents are raising over 65,000 adopted …show more content…
children and youth in the U.S. This accounts for more than 4 percent of all adopted children. (Lifelong Adoptions website, 2013)There are so many LGBT people interested in adopting, but, unfortunately, are prohibited from doing so due to discriminatory laws, policies and practices. In fact, the majority of states across the country do not permit LGBT people to jointly petition to adopt children.
Federal legislation sets the framework for adoption in the United States, and States pass laws to comply with Federal requirements and become eligible for Federal funding. Therefore, State laws regulate adoption, and these laws vary from State to State. Currently, all 50 States and the District of Columbia allow for single parent adoptions.
A joint adoption involves a couple adopting a child from the child’s biological parent(s) or adopting a child who is in the custody of the state. In many states it is unclear whether a same-sex couple would be permitted to file a joint petition to adopt. States where same-sex couples can jointly petition to adopt statewide include: Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington. (HRC.org website, 2013)
In some states, a person can petition to adopt the child of his or her partner.
These are usually called second-parent or step-parent adoptions. A second-parent adoption allows a second parent to adopt a child without the "first parent" losing any parental rights. In this way, the child comes to have two legal parents. It also typically grants adoptive parents the same rights as biological parents in custody and visitation matters. The following States allow second-parent adoption statewide (21 states and D.C.): Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington. Five states explicitly prohibit same-sex couples from jointly adopting (Utah, Louisiana, Mississippi, North Carolina, Michigan). Six states affirmatively restrict same-sex couples from accessing second-parent adoption (Utah, Nebraska, Wisconsin, Ohio, Kentucky, North Carolina). Two states restrict fostering by LGBT parents (Utah, Nebraska). Virginia allows private agencies receiving state funds to refuse to serve families or children for any religious objection. (HRC.org website, …show more content…
2013)
As stated earlier, with few exceptions, family law is administered at the state level. Currently, there is no federal standard that either provides LGBT people or same-sex couples with the ability to adopt, or prohibits states from discriminating against LGBT people and same-sex couples in foster care and adoptive placements. The lack of federal nondiscrimination protections combined with the patchwork of state laws creates a very uncertain landscape for prospective parents who happen to be LGBT. The determination of parenting rights is always made on a case-by-case basis and it is ultimately the decision of the judge whether to grant the adoption petition. (HRC.org website, 2013)
There are essentially four options for adopting a child.
State or Public Agency Adoption is when you plan to adopt a child who is in foster care from the public child welfare system. These children tend to be older and have been removed from their birthparents due to abuse or neglect. A series of classes on how to successfully parent these children is often required. Agency Open Adoption is when you plan an open adoption through an adoption agency. Open Independent Adoption is when an individual/couple sets out on their own to find birth parents that want or need to place their child in an adoption and complete that adoption through an attorney. And International Adoption is when a child is adopted from another country through an agency or independently. Whether a public or private agency is chosen, the main steps of the adoption process (for both hetero and homosexual individuals/couples) involve: the adoption application, the home study, the matching/placement process and then finalization. Applying for the adoption requires training classes, background checks, and letters of recommendation from friends, family and so forth. Next, a social worker conducts a homestudy to gather detailed information about the individual/couple and their family, and includes two or more in-person visits at the home. If all of the requirements are met, they are then approved to adopt a child by their social worker and their agency, and a decision on the characteristics, age, and
number of children they are best suited to adopt. There may be a wait, but now they enter the matching process wherein they and their social worker learn about children waiting for placement for which their family might be a good fit. Once matched with a child, they have to prepare themselves and their home for placement of the child/children. Finally, after an assessment period with monthly visits from the social worker, they can finalize the adoption in court, committing themselves fully to their new family. (Lifelong adoptions website) LGBT people have successfully adopted children through each of these methods. However, each road poses its own challenges. For example, in the past some prospective LGBT parents who pursue an agency open adoption have found that there is a hierarchy of preferred parents for a child, and they are not on top. As a result, they are only offered children with special needs, while non-LGBT people are offered the younger, healthier children.
Myths and misperceptions about lesbian and gay parents continue to present the greatest obstacle to adoption for LGBT adults. In recent years, however, a growing body of research on LGBT parents and their children is clear and affirming about the ability of LGBT individuals and same-sex couples to parent, and it alleviates concerns about the outcomes of children raised by LGBT parents. (childwelfare.gov website) All of the social science studies have shown that there are no statistically significant differences in mental health outcomes, peer relations, academic achievement, and gender identity between children raised by lesbian or gay parents compared with heterosexual parents. (Green, 2010) In fact, some researchers have found very small but statistically significant differences on a few aspects that seem to favor children of same sex couples. “For example, daughters of lesbian mothers seem to be somewhat more career-oriented, sons of lesbian mothers seem to be less objectifying in their approach to romantic partners, and lesbian parents report being closer to their child.” (Green, 2010) This research, however, needs to be taken with a grain of salt. As Meezan and Rauch pointed out in their reading: Gay Marriage, Same-Sex Parenting, and America’s Children; participants in these studies may not be representative of all gay and lesbian parents. “All but one of the studies that were examined had samples composed of either totally or predominantly white participants. Almost all the participants were middle- to upper-middle-class, urban, well educated, and “out.” Most were lesbians, not gay men. It may be that most same-sex parents are white, relatively affluent lesbians, or it may be merely that these parents are the easiest for researchers to find and recruit, or both may be partly true. No one knows. Absent probability samples, generalizing findings is impossible.” (Meezan and Rauch, 2005) Findings suggest that although adoption of children by lesbian and gay adults remains controversial, it is a reality in the United States today. Many adoption agencies are willing to accept application from LGBT individuals, and many such adoptions have been completed. (Brodzinsky, Patterson and Vaziri, 2002)
It is in the best interests of children that all qualified adults who have the room in their hearts and homes to adopt a child are permitted to do so, and are treated fairly in the process. Family can be defined by biology and blood. It can be defined by circumstance and those closest to you can be a chosen family. And it can be defined with love, commitment, and the will to create a family. I believe that no matter how each family is created or defined, all families are unique, strong, and worthy of existing.
References:
Green, R.J. (2010) From Outlaws to In-Laws: Gay and Lesbian Couples in Contemporary Society; Families As They Really Are – Risman reader pp 197-213
Meezan, W., Rauch, J. (2005) Gay Marriage, Same-Sex Parenting, and America 's Children; Public and Private Families A Reader – Cherlin, A. pp 311-319
Brodzinsky, D., Pertman, A. (2012) Adoption by Lesbians and Gay Men: A New Dimension in Family Diversity; Oxford University Press, Inc.
Lifelong Adoptions (2013) LGBT Adoption Facts. Retrieved November 23, 2013 from http://www.lifelongadoptions.com/lgbt-adoption/lgbt-adoption-facts
Goldberg, A.E., Moyer, A.M., Weber, E.R., Sapiro, J. (2013) What changed when the gay adoption ban was lifted?: Perspectives of Lesbian and Gay Parents in Florida; Journal of Sexuality Research and Social Policy, Vol 10, Issue 2, June 2013, pp 110-124
Human Rights Campaign (2013) LGBT Adoption Issues. Retrieved November 22, 2013 from http://www.hrc.org/issues/adoption
Brodzinsky, D.M., Patterson C.J., Vaziri, M (2002) Adoption Agency Perspectives on Lesbian and Gay Prospecive Parents: A National Study, Adoption Quarterly, Vol. 5(3) 2002
Child Welfare Information Gateway (2013) Ethical Issues in Adoption. Retrieved November 23, 2013 from https://www.childwelfare.gov/adoption/adopt_ethics/
Term Paper Assignment
State Level Policies Regarding Laws on Adoption by LGBT
Adoption is the social, emotional, and legal process in which children who will not be raised by their birth parents become permanent legal members of another family. Adoption is one of the primary ways that LGBT parents create families; whether through the public foster care system, a private agency, or simply a second-parent adoption of a partner or spouse’s child. However, in most places across the country LGBT individuals and couples face barriers to adoption, making it difficult or sometimes impossible for these loving, qualified people to create families. Lesbian and gay parents are raising over 65,000 adopted …show more content…
children and youth in the U.S. This accounts for more than 4 percent of all adopted children. (Lifelong Adoptions website, 2013)There are so many LGBT people interested in adopting, but, unfortunately, are prohibited from doing so due to discriminatory laws, policies and practices. In fact, the majority of states across the country do not permit LGBT people to jointly petition to adopt children.
Federal legislation sets the framework for adoption in the United States, and States pass laws to comply with Federal requirements and become eligible for Federal funding. Therefore, State laws regulate adoption, and these laws vary from State to State. Currently, all 50 States and the District of Columbia allow for single parent adoptions.
A joint adoption involves a couple adopting a child from the child’s biological parent(s) or adopting a child who is in the custody of the state. In many states it is unclear whether a same-sex couple would be permitted to file a joint petition to adopt. States where same-sex couples can jointly petition to adopt statewide include: Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington. (HRC.org website, 2013)
In some states, a person can petition to adopt the child of his or her partner.
These are usually called second-parent or step-parent adoptions. A second-parent adoption allows a second parent to adopt a child without the "first parent" losing any parental rights. In this way, the child comes to have two legal parents. It also typically grants adoptive parents the same rights as biological parents in custody and visitation matters. The following States allow second-parent adoption statewide (21 states and D.C.): Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington. Five states explicitly prohibit same-sex couples from jointly adopting (Utah, Louisiana, Mississippi, North Carolina, Michigan). Six states affirmatively restrict same-sex couples from accessing second-parent adoption (Utah, Nebraska, Wisconsin, Ohio, Kentucky, North Carolina). Two states restrict fostering by LGBT parents (Utah, Nebraska). Virginia allows private agencies receiving state funds to refuse to serve families or children for any religious objection. (HRC.org website, …show more content…
2013)
As stated earlier, with few exceptions, family law is administered at the state level. Currently, there is no federal standard that either provides LGBT people or same-sex couples with the ability to adopt, or prohibits states from discriminating against LGBT people and same-sex couples in foster care and adoptive placements. The lack of federal nondiscrimination protections combined with the patchwork of state laws creates a very uncertain landscape for prospective parents who happen to be LGBT. The determination of parenting rights is always made on a case-by-case basis and it is ultimately the decision of the judge whether to grant the adoption petition. (HRC.org website, 2013)
There are essentially four options for adopting a child.
State or Public Agency Adoption is when you plan to adopt a child who is in foster care from the public child welfare system. These children tend to be older and have been removed from their birthparents due to abuse or neglect. A series of classes on how to successfully parent these children is often required. Agency Open Adoption is when you plan an open adoption through an adoption agency. Open Independent Adoption is when an individual/couple sets out on their own to find birth parents that want or need to place their child in an adoption and complete that adoption through an attorney. And International Adoption is when a child is adopted from another country through an agency or independently. Whether a public or private agency is chosen, the main steps of the adoption process (for both hetero and homosexual individuals/couples) involve: the adoption application, the home study, the matching/placement process and then finalization. Applying for the adoption requires training classes, background checks, and letters of recommendation from friends, family and so forth. Next, a social worker conducts a homestudy to gather detailed information about the individual/couple and their family, and includes two or more in-person visits at the home. If all of the requirements are met, they are then approved to adopt a child by their social worker and their agency, and a decision on the characteristics, age, and
number of children they are best suited to adopt. There may be a wait, but now they enter the matching process wherein they and their social worker learn about children waiting for placement for which their family might be a good fit. Once matched with a child, they have to prepare themselves and their home for placement of the child/children. Finally, after an assessment period with monthly visits from the social worker, they can finalize the adoption in court, committing themselves fully to their new family. (Lifelong adoptions website) LGBT people have successfully adopted children through each of these methods. However, each road poses its own challenges. For example, in the past some prospective LGBT parents who pursue an agency open adoption have found that there is a hierarchy of preferred parents for a child, and they are not on top. As a result, they are only offered children with special needs, while non-LGBT people are offered the younger, healthier children.
Myths and misperceptions about lesbian and gay parents continue to present the greatest obstacle to adoption for LGBT adults. In recent years, however, a growing body of research on LGBT parents and their children is clear and affirming about the ability of LGBT individuals and same-sex couples to parent, and it alleviates concerns about the outcomes of children raised by LGBT parents. (childwelfare.gov website) All of the social science studies have shown that there are no statistically significant differences in mental health outcomes, peer relations, academic achievement, and gender identity between children raised by lesbian or gay parents compared with heterosexual parents. (Green, 2010) In fact, some researchers have found very small but statistically significant differences on a few aspects that seem to favor children of same sex couples. “For example, daughters of lesbian mothers seem to be somewhat more career-oriented, sons of lesbian mothers seem to be less objectifying in their approach to romantic partners, and lesbian parents report being closer to their child.” (Green, 2010) This research, however, needs to be taken with a grain of salt. As Meezan and Rauch pointed out in their reading: Gay Marriage, Same-Sex Parenting, and America’s Children; participants in these studies may not be representative of all gay and lesbian parents. “All but one of the studies that were examined had samples composed of either totally or predominantly white participants. Almost all the participants were middle- to upper-middle-class, urban, well educated, and “out.” Most were lesbians, not gay men. It may be that most same-sex parents are white, relatively affluent lesbians, or it may be merely that these parents are the easiest for researchers to find and recruit, or both may be partly true. No one knows. Absent probability samples, generalizing findings is impossible.” (Meezan and Rauch, 2005) Findings suggest that although adoption of children by lesbian and gay adults remains controversial, it is a reality in the United States today. Many adoption agencies are willing to accept application from LGBT individuals, and many such adoptions have been completed. (Brodzinsky, Patterson and Vaziri, 2002)
It is in the best interests of children that all qualified adults who have the room in their hearts and homes to adopt a child are permitted to do so, and are treated fairly in the process. Family can be defined by biology and blood. It can be defined by circumstance and those closest to you can be a chosen family. And it can be defined with love, commitment, and the will to create a family. I believe that no matter how each family is created or defined, all families are unique, strong, and worthy of existing.
References:
Green, R.J. (2010) From Outlaws to In-Laws: Gay and Lesbian Couples in Contemporary Society; Families As They Really Are – Risman reader pp 197-213
Meezan, W., Rauch, J. (2005) Gay Marriage, Same-Sex Parenting, and America 's Children; Public and Private Families A Reader – Cherlin, A. pp 311-319
Brodzinsky, D., Pertman, A. (2012) Adoption by Lesbians and Gay Men: A New Dimension in Family Diversity; Oxford University Press, Inc.
Lifelong Adoptions (2013) LGBT Adoption Facts. Retrieved November 23, 2013 from http://www.lifelongadoptions.com/lgbt-adoption/lgbt-adoption-facts
Goldberg, A.E., Moyer, A.M., Weber, E.R., Sapiro, J. (2013) What changed when the gay adoption ban was lifted?: Perspectives of Lesbian and Gay Parents in Florida; Journal of Sexuality Research and Social Policy, Vol 10, Issue 2, June 2013, pp 110-124
Human Rights Campaign (2013) LGBT Adoption Issues. Retrieved November 22, 2013 from http://www.hrc.org/issues/adoption
Brodzinsky, D.M., Patterson C.J., Vaziri, M (2002) Adoption Agency Perspectives on Lesbian and Gay Prospecive Parents: A National Study, Adoption Quarterly, Vol. 5(3) 2002
Child Welfare Information Gateway (2013) Ethical Issues in Adoption. Retrieved November 23, 2013 from https://www.childwelfare.gov/adoption/adopt_ethics/