Laws of Gay Adoption

Gay adoption refers to adoption by same-sex couples. In the United States, there is no federal law and it's up to the states or the counties within them to determine adoption rights for homosexuals. Support for some rights has grown for the first time to more than half of all Americans, according to a 2007 CNN/Opinion Research Corporation Poll. However, the issue is still a divisive one with people arguing for and against gay adoption rights.

Individual and Couple Adoption

Only Florida has a complete ban on gay adoption. All states, except Florida, allow an individual to petition to adopt.

In Utah and Mississippi, being gay can be a reason to deny an individual's petition, according to Ann Wrixon of the Independent Adoption Center.

Adoption by same-sex couples is legal in nine states--California, Massachusetts, New Jersey, New Mexico, New York, Ohio, Vermont, Washington, Wisconsin--and Washington, D.C. In Utah, New Hampshire and Arkansas, no unmarried couples are able to adopt.

If a family who has already adopted changes states, the move doesn't change the legality of the adoption, even in states where gay adoption is illegal.

Second Parent and Stepparent Adoption

Joint adoption for homosexuals is difficult in most states. Often in states prohibiting couple adoption, one person will adopt a child and the unmarried partner can petition for second-parent adoption rights. This right has been granted in eight states and in certain counties in 18 states.

In states allowing gay individuals to adopt, Colorado, Ohio, Nebraska and Wisconsin have laws preventing second-parent adoptions.

For married partners, step-parent adoption is a possibility. Since gay marriage is only legal in Vermont, Massachusetts, Connecticut and Iowa, step-parent adoption for gay couples is uncommon. The second parent or step-parent has all the same legal parental rights as the first adopter.

History in Florida

The 1977 law banning all gay adoptions in Florida was the first and only in any U.S. state. Lofton v. Kearny was the first gay adoption lawsuit to reach a federal appeals court. Florida resident Stephen Lofton hoped to adopt a 10-year-old boy he had fostered since infancy. Two other gay parents were also involved in the 2003 law suit, which challenged the Florida law.

The court ruled in 2004 that the Florida government had the constitutional right to enforce the law preventing gay adoptions in the state. The Florida State court has also upheld the law in three lawsuits since 1990.

Another case challenging the ban is currently in a Florida appeals court as of September 2009.

Advocates

Several groups are working toward making policy that will allow gays and gay couples to adopt. The group most commonly associated is the Human Rights Campaign. Founded in 1980, it works for rights of lesbian, gay, bisexual and trans (LGBT) individuals. On the gay adoption rights front, HRC most notably gained the support of Hillary Clinton. This grassroots group also organizes public education campaigns and rallies. Most recently, the HRC formed the Rally in Tally in March 2009 in Tallahassee, Fla., to fight for an overturn of the Florida ban on gay adoption by introducing bills.

The American Civil Liberties Union lobbies for group and individual rights. Gay adoption rights is one of their missions.

The American Psychological Association, which has done a number of nationally recognized studies stating that gay parents don't have any negative effects on their children based on their sexuality, supports gay adoption.

In Other Countries

Traditional international countries will almost always prohibit gay couples from adopting, according to the Human Rights Campaign. Same-sex couple adoption isn't legal in most nations around the world. In some nations, homosexuality itself is illegal.

Nine European countries allow couples to adopt: Belgium, Denmark, Germany, Iceland, the Netherlands, Norway, Spain, Sweden and the Unite Kingdom. Some states in Australia allow gay couple adoption.

There are other nations that allow one parent to adopt or second-parent adoptions.

In September 2009, Uruguay lawmakers approved a bill for gay adoption, but it hasn't yet become law.

References

• Human Rights Campaign
• Public Broadcasting Service
• Ann Wrixon, Independent Adoption Center, Concord, CA

Resources

• Human Rights Campaign--by state