About Gay Adoption
There are no federal laws against gay adoption in North America. Policies on adoption are determined by the states. The Human Rights Campaign, a national gay and lesbian advocacy group, identifies 21 states and the District of Columbia as being "open" to gay adoption. Human Rights Campaign official Lisa Bennett told Children's Voice Magazine in 2002: "More and more states recognize gay adoption as a fine thing." However, the practice remains controversial even in states where it is allowed.
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Background
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In 1997, when President Clinton signed the Adoption and Safe Families Act, the practice of public adoption changed dramatically. Previously, the Adoption Assistance and Child Welfare Act of 1980 had encouraged child welfare agencies to uphold parental rights to the point of keeping children with their biological parents even in cases of severe abuse. But the 1997 act shifted the focus to children's rights and provided states with a monetary incentive to place abused and neglected children into adoptive homes. The number of kids in the welfare system skyrocketed, making it easier for same-sex couples to adopt.
State Laws
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Florida is the only state that bans gay adoption outright, though it allows gays to be foster parents. Utah requires adoptive parents to be married and doesn't allow gay marriage, so gays are implicitly prohibited from adopting. In Mississippi, same-sex couples aren't allowed to adopt, but single adults can, which makes it legally possible for an unmarried homosexual to adopt. Most states, however, do not have written laws about gay adoption, and the Human Rights Campaign--a national gay advocacy group--has identified 21 states and the District of Columbia as being decidedly in favor of the practice.
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Studies
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The few scientific studies published on gay parents indicate no negative difference--and sometimes a positive or neutral difference--in children raised by gay individuals or same sex couples. In June 2010, the American Academy of Pediatrics published a longitudinal study of lesbian mothers and their offspring, finding that the children "rated significantly higher in social, school/academic, and total competence" than a same-age comparative group. The offspring also had fewer problems with rule-breaking, socialization and aggressive behavior. A study in 2004, conducted by the University of Virginia, found no significant difference between high school students raised by same sex couples in there peers. Both studies found that children raised by gays were no more likely to be homosexual than those raised by heterosexual parents, and state that there has been no research to suggest children are adversely affected by same-sex parents.
Controversy
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Proponents of gay adoption have challenged Florida's ban in court. In August 2009, the Miami Herald reported that Florida's Republican District Attorney, Bill McCollum, was representing the state's Department of Children and Families to appeal a Miami Dade Circuit Court ruling that found the ban unconstitutional. McCollum's deputy solicitor General Timothy D. Osterhaus told the appeals court, "There is evidence that homosexuals have higher rates of mental disorders, suicide and domestic violence." Yet attorney Elliot Scherker, who defended gay adoption rights in the Miami Dade case, pointed out neither of the state's expert witnesses had produced such evidence. One had advocated evaluating gay adoption on a case-by-case basis, while the other admitted to opposing the practice for religious reasons.
Expert Insight
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Lawyer and social worker Michael Colberg, who specializes in adoption issues, told Children's Voice Magazine in 2002 that all prospective adoptive parents, gay and straight, should evaluate their ability to accommodate the special needs of adoptees. He points out that adoptees are in a minority status all their own, as are gays and lesbians. "If [gay] parents really do their work," Colberg says, "they can mentor these kids."
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References
Resources
- Photo Credit rainbow cake image by Trevor Allen from Fotolia.com
