Before several decisions by the United States Supreme Court, the adoption laws vary widely by country. Some countries grant full adoption rights to same-sex couples, while others completely prohibit or only allow couples in same-sex relationships to adopt biological children from other couples. On June 26, 2015, the Supreme Court dropped all restrictions on same-sex marriage in the United States. On March 31, 2016, the Federal District Court imposed a Mississippi ban on same-sex couples from adoption. On June 26, 2017, the Supreme Court overturned the decision of the Supreme Court of Arkansas and ordered all countries to treat same-sex couples with opposite sex couples in the issuance of birth certificates. This court decision has been adopted by legitimate legal partners in 50 states.
Video LGBT adoption in the United States
LGBT Parenting
On April 6, 1999, the American Civil Liberties Union produced an Overview of Parenting and Lesbian Parenting, Adoption and Foster Care. In this document, the organization discusses the results of research on Parenting Lesbian and Gay Parenting, several key findings include:
- There is no evidence to suggest that lesbians and gay men are unfit to be parents;
- The home environment with lesbian and gay parents may succeed in supporting child development such as heterosexual parents;
- Good parenting patterns are not influenced by sexual orientation. Rather, it is strongly influenced by the parent's ability to create a loving and caring home - a capability that does not depend on whether a gay or straight parent;
- There is no evidence to suggest that lesbian children and gay parents are less intelligent, suffer more problems, less popular, or have lower self-esteem than children of heterosexual parents;
- Children of lesbian and gay parents grow happy, healthy, and well-adjusted as children of heterosexual parents.
Many families where a child will have parents identified as lesbian or gay and then grow in same-sex relationships are those who were brought from previous heterosexual relationships. Thus, many of the previous legal disputes ended in the custody of a child in the case of a divorce. The bias is then seen against parents in same-sex relationships that cause courts to take their side in giving custody and visits. Sexual preferences of LGBT parents are seen as impacting on parenting and not actual abilities to meet the child's needs. After the introduction of in vitro fertilization lesbian pairs are able to raise their own children who are not born of heterosexual relationships and children become the biological offspring of one partner. Growing from this is the development of adoption issues with parents and, in cases of separation, parenting in some lesbian relationships.
For same-sex couples, being a parent can be more expensive, if there is a desire to have a biological child from one partner, the only method is surrogacy. Thus, adoption serves as a more cost-effective alternative.
Maps LGBT adoption in the United States
Population
Recently, the number of same-sex couples adopted in the 21st century has tripled since the 1990s. The US Census Data from 2010 reveals the emerging trends in American adoption; despite many prejudices in some places and legal barriers in countries; same-sex couples adopt children in increasing numbers. According to these figures, of 115,064 households of the same sex as children, about 16 percent or 18,400 raises one or more adopted children.
According to the Williams Institute, in 2009 "about 20,000 same-sex couples collected about 30,000 foster children." In 2011, about two million children in the United States were raised by LGBT parents and unable to establish legal relations with their LGBT parents. The US Census 2010 reports that the same gender couple raises about 115,000 children, 18 years and younger and lives in almost all districts in the United States.
Professional ratings
A consensus has evolved among the medical, psychological, and social welfare communities that children raised by gay and lesbian parents alike may be well-adjusted as those raised by heterosexual parents. Research supporting this conclusion is received outside of a serious debate in developmental psychology. Based on the strong nature of available evidence in the field, the Florida District Court of Appeals of the State of Florida was satisfied in 2010 that the matter was so far beyond the dispute that it made no sense to hold back otherwise; the best interests of children are not preserved by prohibiting the adoption of homosexuals. The most important factor in maintaining a child's welfare is more dependent on socioeconomic status and does not depend on the gender and sexuality of the parents. Problems arise from uncontrollable factors such as discrimination or the inability of parents to marry.
The common fear many people resist against raising children by homosexual couples will result in children becoming homosexuals themselves. However, this is not the case when comparing children of heterosexual parents with those raised with same-sex parents, no increase in the number of children identified as homosexual. However, there is a marked difference when children of same-sex relationships tend to be incompatible with standard gender roles. Which could be another argument brought by opponents of same-sex adoption.
In a study conducted by Goldberg, Kinkler, Richardson and Downing, the Lesbian, Gay, and Heterosexual Couplings in Open Adoptions were examined through qualitative studies. Because small studies have focused on gender effects and sexual orientation in open adoption relationships. Data from 90 people, (30 women in 15 lesbian relationships, 30 men in 15 gay relationships, and 15 women and 15 men in heterosexual relationships were analyzed). All couples adopt their first child, and the parent is the first parent. This study was conducted within the borders of the United States. Participants fill out questionnaires, and phone interviews within the first 3-4 months receive a child. All participants were between 27 and 52 (average 37.7), and 90% Caucasian. The results are qualitative, relying on the correctness of the participants' answers. The results emphasize that gay and lesbian couples stress the philosophy of openness and this relates to their own desire to pursue adoption without hiding their sexual orientation. The birth mother is a member of the birth family who remains in contact with the adoptive family. The biological mother is the driving force that forms open adoption relationships. One of the weaknesses in this study is that there is no long-term interview or follow-up as the child develops in open adoption. It shows that there is no great understanding of the birth family to the adoptive family because of sexual orientation.
Public opinion
A 2007 poll by CNN and Opinion Research Corp. found that 57% of respondents felt same-sex couples should have the right to adopt and 40% that they should not adopt. More recently, a Gallup poll from May 2014 found 63% of respondents believe same-sex couples should have the legal right to adopt children.
From 1994 to 2012, seven national voting organizations requested certain representation sections of Americans of their opinion on the legalization of same-sex adoption, with the main question being "Do you think there should be or should not be the right of adoption for gays and lesbians so they can law adopted children? "Survey results from 1994 to 2012 show increased support. Of those surveyed in 1994, only one in four (28 percent) favored adoption, compared with more than five in 10 in 2012. From 1994 to 1999, only one of three adoptions was favored; from 2002 to 2008, support increased to four in 10. From 2009 to 2012, the overwhelming majority (52 percent to 61 percent) approved the adoption of same-sex adoption. It shows that young people expressed more support than people over 65. It was also found that 85% of Democrats were asked to support same-sex adoption, while only 23% of Republicans asked to support him.
Politics
On July 29, 1999, US Representative Steve Largent introduced the 356 amendment (H.Amdt.356) to the District of Columbia Appropriations Act 2000 (HR 2587) which would prohibit the joint adoption of individuals unrelated to blood or marriage in Washington, DC Amendment failed with 213 votes in favor and 215 opposed.
In 2004, Jeb Bush, Florida Governor, was quoted as saying, "I am not interested in adopted children, many of them from problematic and unstable backgrounds, to be placed in a house moored by a father and a mother."
On May 10, 2012, Republican presidential candidate Mitt Romney told an interviewer: "And if two people of the same sex want to live together, want to have a loving relationship, or even adopt a child - in my country individuals of the same sex can be adopted children.In my view, it is something that people have the right to do. "Asked the next day to reconcile that with his opposition to same-sex marriage, he said:" Well, actually I think all countries but one allow adoption gay, so that's the position that most state legislators have decided, including one in my country some time ago so I just acknowledge the fact that gay adoption is legal in all but one country. "
Currently, there is a legal petition in some states to allow for the adoption of parents, commonly known as the adoption of a second parent, where one parent may adopt a child of a biological child of the same sex, without abandoning their parent's parenting partner that. This allows the child to be recognized as having two legitimate parents in cases where the couple is not in a recognized relationship by the state.
Legal status
The law on same-sex adoption
On May 16, 2013, Every Child is entitled to a Family act introduced to the congress, but never applied. This action will provide that any organization that handles parenting and childcare and has some form of funding from the Federal government can not discriminate or deny a spouse from adopting their child if they are in same-sex relationships or if identified as LGBT. However, because the bill introduced applies only to federally funded centers, private institutions can still reject same-sex couples from adoption.
Cases
Alabama
On October 12, 2012, the Alabama Appeals Court of Appeal unanimously rejected a woman's request to adopt same-sex couples. The women have been married in California. The court stated that Alabama's law does not recognize women as a couple.
In Alabama on Sept. 18, 2015, the Supreme Court of Alabama reversed a lower court recognizing adoption decisions granted to same-sex couples of their three children in 2007 by the Fulton County High Court of Georgia. The court ruled that a Georgian state court wrongly imposed Georgia state law in giving adoption. In case of V.L. v. E.L. . E.L., the biological mother of three, who sought to reverse orders to acknowledge the adoption decision, argued the Georgian decision was void based on a court of less jurisdictional issues. The Supreme Court of Alabama agreed, canceled the recognition of the decision in the state and excluded the parental rights of V.L. On November 16th, V.L. petitioned the United States Supreme Court to resign from custody and allow him to see his children during the appeals process. On December 14, the Supreme Court granted his request to remain in power awaiting their disposition of the V.L petition for a certiorari statement. This is the first successful adoption case to the Supreme Court since Obergefell was decided.
On March 7, 2016, the United States Supreme Court unanimously reversed the Supreme Court of Alabama. The court ruled that the Alabama Supreme Court was wrong when it refused to recognize the adoption decision of Georgia, which ruled that the Full Faith and Credit Clause had been violated. Court decisions have the effect of adoption decisions from Georgia recognized in Alabama, and the rights of parents V.L. that is restored. The case was submitted to the Supreme Court of Alabama for further proceedings.
Arkansas
On 4 November 2008, the Arkansas voters approved Act 1, an act to prohibit anyone "living together outside of a legal marriage" from becoming a foster parent or adopting children. Although the law may apply to heterosexual couples, it is believed to have been written to target gay couples due to the fact that same sex marriages are banned in the country, thus making adoption impossible. Single gay men and lesbians are still allowed to adopt in Arkansas. The law was canceled on April 16, 2010 by state judge Chris Piazza. Arkansas Supreme Court at Arkansas Department of Human Services v. Cole supported the court's decision lower on April 7, 2011.
In Arkansas, the Fox State Circuit Judge of Pulaski County decided on December 1, 2015, that state laws prohibiting the identification of parents on birth certificates to heterosexual couples are unconstitutional. His ruling originally applied only to the three couples initially charged in this case, Pavan v. Smith . Two days later, he expanded the rules to apply across the state. On December 10, 2015, the Supreme Court of Arkansas remained in force throughout the state, but allowed three partner plaintiffs to receive altered certificates. On December 9, 2016, the Supreme Court of Arkansas canceled a court order.
On June 26, 2017, the US Supreme Court granted a request for a certiorari statement sought by the plaintiff's parents and canceled the Arkansas Supreme Court. The court was sentenced to 6-3 votes that the Arkansas law only allowing the opposite sex to be named on the birth certificate of their children is an unconstitutional offense against their verdict in Obergefell v. Hodges .
Florida
In Florida, a 1977 law banned adoption by homosexuals following the anti-gay Save Our Children campaign led by Anita Bryant. In November 2008, a state circuit court dropped the law at In Gill, a case involving a gay male couple raising two foster children who were placed with them in 2004 by a child welfare worker. On appeal, on September 22, 2010, the Third District Court of Appeal of Florida unanimously corroborated the lower court's decision. The state has not filed an appeal. The 1977 law prohibiting homosexual adoption was lifted on 1 July 2015.
In Florida, a case was delayed before federal District Judge Robert Hinkle of the United States District Court for the Northern District of Florida. The Florida Department of Health refused to issue a birth certificate recognizing both partners in same-sex relationships. The plaintiffs in the case have asked Judge Hinkle to declare this policy unconstitutional. He set a deadline of January 6, 2016 for the Ministry of Health to reply to the plaintiffs' motion for the assessment of the summary. In January 2017, Florida reached a settlement with the plaintiff, agreeing to issue a true birth certificate for all the same married couple on an equal basis.
Idaho
In 2013, the lesbian couple, married in California, but now living in Idaho, petitioned for the adoption of a second parent. A state judge rejected the petition on the grounds that Idaho did not recognize their marriage. On appeal, the Supreme Court of Idaho unanimously reversed the judge's verdict because Idaho has no special legal prohibition on the adoption of unmarried second parents.
Indiana
In Indiana, there are two pending cases in the United States District Court for Indiana's Southern District, filed in February 2015, and one in December 2015, contrary to Florida's identical policies. The February case deals with more specific issues for the decision of the Seventh Circuit Court of Appeal in the case of Wolf v. Walker due to fact Obergefell has not been decided yet. The December case quotes Obergefell as an excuse to order the state to register both parents in same-sex relationships on birth certificates. No action was taken in either case.
Kansas
In November 2012, the Kansas Appeals Court ruled in this case In IM Adoption Material that one person who is not a biological parent of a child can not petition to adopt the child without terminating the parent's other parental rights. Because Kansas does not recognize same-sex marriage, this decision effectively prevents same-sex couples from adopting a second parent in Kansas. However, the Kansas Supreme Court ruled on February 22, 2013, at Frazier v. Goudschaal that partners of biological parents are entitled to parental rights.
Michigan
In December 2012, the Michigan Court of Appeals ruled that the country's adoption codes allow for the adoption of second parents by same-sex couples.
Two Michigan lesbians, who raised three children who were adopted by just one of them, filed a lawsuit in federal court in January 2012 to demand that a country ban on adoption by same-sex couples be overthrown. and in September amended as appropriate to challenge the country's ban on same-sex marriage as well.
On June 26, 2015, the United States Supreme Court finally decided to support them at Obergefell v. Hodges .
Mississippi
33% of Mississippi households headed by same-sex couples including a child, the highest percentage in the country. However, the Mississippi Household Affairs Code states, "Adoption by couples of the same sex is forbidden." Lawsuits, Campaign for South Equality v. Mississippi Department of Human Services , submitted in August 2015 by four Mississippi couples seeking to reverse this law. The plaintiffs in the case were represented by Roberta Kaplan, who managed to debate the United States v. Windsor in front of the US Supreme Court. Mississippi is the only US state that has no collective adoption rights for LGBT couples; the only other jurisdiction under US sovereignty where this is the case of American Samoa and some Native American tribes.
In Mississippi, state legislation passed in 2000 explicitly prohibits same-sex couples from joint adoption. After Obergefell , Mississippi specifically stated that the ban still applies. On August 12, 2015, the South Poverty Law Center joins four same-sex couples raising children filing a lawsuit in the United States District Court for the Mississippi Southern District who is trying to assert that the law is unconstitutional.
On March 31, 2016, Judge Daniel P. Jordan III issued an initial court order denouncing the Mississippi ban on same-sex couples from adoption, which ruled out a ban on violating the Equal Protection Clause. There is no immediate plan by the state of Mississippi to appeal the verdict to the US Court of Appeals for the Fifth Circuit.
Nebraska
Three same-sex couples file a lawsuit against the state on 27 August 2013, seeking the right to serve as adoptive and adoptive parents. He claims that the state's policy of allowing two unrelated adults to adopt has been consistently upheld only against same-sex couples.
New York
A court decision in October 2012 in a legal dispute between two women in the same sex relations was granted custody to parents from the mother.
Wisconsin
In Wisconsin, the state has allowed both parents to have birth certificates, but refuses to change the word from "father and mother" to "gender-neutral parent 1 and parent." In other cases, couples are rejected in their request. A federal suit has been filed challenging this rejection There is also a state lawsuit, Torres v. Rhoades, challenging the birth certificate verbs.On November 4, a judge fired Torres because this couple started the case as adoption, but the judges ruled that they did not attack the constitutionality of the law using the terms "father and mother" or "husband and wife." On November 17, the Second District Superior Court in Wisconsin agreed with a lower court. The couple may now appeal to the Supreme Court of Wisconsin or they may return to court with a case that challenges the constitutionality of a law requiring that "father and mother" father.
References
Additional resources
- Carlos A. Ball, Right to Parent: LGBT Family and Parental Transform (New York University Press, 2012)
- Juliet Eilperin, "Front side in gay rights battle", Washington Post , July 11, 2013
Source of the article : Wikipedia
0 Comments