Tag Archives: Adoption Rights

Landmark Adoption Case In Italy Sees Lesbian Couple Win Right To Adopt Each Other’s Children

A juvenile court in Rome has awarded an Italian lesbian couple the right to adopt each other’s children in a landmark case.

The court said Marilena Grassadonia, president of the Rainbow Families association, could adopt her wife’s twin boys; her partner was also allowed to adopt Grassadonia’s son.

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The ruling marks a legal first for Italy, where strong opposition to same-sex marriage and same-sex adoption from the Catholic Church has slowed legislation on LGBT rights.

Talking to The Guardian, Grassadonia said

On a personal level, it’s a huge satisfaction, but I cannot be fully happy when I think that our families depend on individual decisions.”

The Guardian noted that all previous verdicts in favour of lesbian women being recognized as parents of their partner’s children by Italian law are currently at the appeal stages.

Grassadonia has long been a fierce critic of Italy’s laws on gay rights.

In February, Italy passed a civil unions bill that gave legal recognition to same-sex couples for the first time in the country’s history.

However, LGBT activists, including Grassadonia, noted the bill had been significantly watered down before it was passed.

In particular, a provision that would have granted non-biological parents in same-sex relationships parental rights was removed from the legislation before it could be voted in.

Instead, cases involving same-sex parents and adoption would be decided on a case-by-case basis.

The Argument Against Same-Sex Parenting Just Got Blown Out Of The Water

In recent years, right winged Christians like Mark Regnerus, Donald Paul Sullins and Douglas Allen, have done their best to argue that same-sex parenting is flawed, wrong and immoral.

But a new study has blown a massive whole in this biased theory, and proved what the medical community has already long known: same-sex couples make great parents.

The primary accusation against past research supporting same-sex parenting is that the samples are skewed.

Because researchers have to advertise and search for same-sex couples willing to participate, the families self-select to join the studies, and thus may be not be representative of all same-sex families.

Mark Regnerus insisted that his studies – which are sceptical of same-sex parenting – are more valid because they use data from broad population-based surveys, and therefore are more representative.

So the Williams Institute, an LGBT think tank at the UCLA School of Law, decided to call Regnerus’ bluff.

Using data from the National Survey of Children’s Health, researchers were able to identify same-sex couples who were raising children and compare them to demographically similar different-sex parents. Because few male same-sex parent households were included in the study, they focused on female couples, identifying 95 that they then matched against similar different-sex households.

The study found only one difference between the families: same-sex couples had more stress than their different-sex peers.

However, even with that distinction, there was no difference in the outcomes for their children, including their general health, emotional difficulties, coping behaviour, or learning behaviour.

Most would think a higher stress rate would have gone against the them up, but it didn’t.

Researches concluded that the lesbian mothers might be using additional support systems like parenting groups or counselling services, and likewise, their kids may also develop greater resilience skills having to defend against the stigma of having same-sex parents.

There is an obvious explanation as to why the new study found affirming results while conservatives found negative outcomes in their population-based studies.

The new study controls for committed couples; it compares same-sex families who have raised their children from birth with different-sex families who had done the same.

None of the same-sex parents who had broken up or divorced were analysed in the study.

Regnerus didn’t account for family structure. In his study, he counted any child whose parent had had any kind of same-sex relationship at any point.

As a result, most of the children he counted had experienced a parent’s separation or divorce, but they were still compared against children from stable different-sex families. The resulting negative outcomes for those children, he concluded, proved that same-sex couples make inferior parents. Regnerus’ data only included two children who had been raised from birth by committed same-sex couples, and their outcomes were just fine.

Similar population-based surveys from Donald Paul Sullins and Douglas Allen used the same trick of comparing unstable same-sex families to stable different-sex families. Sullins, for example, used data from the National Health Interview Survey, and admitted, “Almost all opposite-sex parents who are raising joint biological offspring are in intact marriages, but very few, if any, same-sex parents were married during the period under observation.”

Sullins, like Regnerus and Allen, was comparing apples to oranges.

In some ways, the new study isn’t ground-breaking. There has already been scientific consensus in support of same-sex families for decades. With the Supreme Court’s marriage equality decision last year and the recent conclusion of the challenge to Mississippi adoption ban, same-sex adoption is now legal in all 50 states.

Nevertheless, some states are still figuring out some legal questions about same-sex parenting.

Several lesbian couples in Indiana, for example, are fighting to make sure that both moms can have their names on their children’s birth certificates, a fight that has played out in other states as well.

With courts continuing to weigh these important protections for same-sex families, it certainly doesn’t hurt to have another study showing that their children turn out just as great as in other families.


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For Now, Same Sex Couples Can Now Legally Adopt In All 50 US States

U.S. District Judge Daniel Jordan has ruled that Mississippi’s ban on same-sex couples adopting children is unconstitutional.

This move now means gay adoption legal in all 50 US states.

Judge Jordan issued a preliminary injunction against the ban, citing the Supreme Court’s decision legalise same-sex marriage across the US last June.

The injunction blocks Mississippi from enforcing its 16-year-old anti-gay adoption law.

Jordan wrote in his ruling.

… foreclosed litigation over laws interfering with the right to marry and rights and responsibilities intertwined with marriage. It also seems highly unlikely that the same court that held a state cannot ban gay marriage because it would deny benefits — expressly including the right to adopt — would then conclude that married gay couples can be denied that very same benefit.”

The challenge to Mississippi’s law was filed last year by four same-sex couples, who were joined in their fight by the Campaign for Southern Equality and the Family Equality Council.

Roberta Kaplan, lead attorney for the plaintiffs, said.

Two sets of our clients have waited many years to become legal parents to the children they have loved and cared for since birth. We hope that it should finally be clear that discrimination against gay people simply because they are gay violates the Constitution in all 50 states, including Mississippi.”

The Human Rights Campaign’s Mississippi state director Rob Hill also praised the ruling.

This welcome decision affirms that qualified same-sex couples in Mississippi seeking to become adoptive or foster parents are entitled to equal treatment under the law, and commits to the well-being of children in our state who need loving homes,” he said in a statement.

Sadly, the ruling came soon after Mississippi’s Senate passed a “religious freedom“ bill, its most homophobic to date.

Americans Grow Increasingly Supportive Of Gay And Lesbian Adults Adopting Children

According to the new states from the CDC, Americans have grown increasingly supportive of gay and lesbian adults adopting children.

In a survey completed in 2013, nearly 75% of women said they agreed that gay or lesbian adults should have the right to adopt children — up from 55% in 2002.

Men aren’t as accepting. Only 68% say they’re in support, up from 47% 10 years prior.

Even though men lag behind, the results show a major shift over a decade, with acceptance growing from a slight majority of the population to closer to three-quarters of the population.

Approval of same-sex relationships also grew, hitting 60% among women and 49% among men.

Given recent major political shifts, like the Supreme Court ruling legalizing same-sex marriage nationwide in June 2015, it’s possible that these figures have grown even further since.

Many states, like Mississippi, still have laws that prohibit or limit same-sex couples from adopting, so shifting views on adoption are every bit as important as advocates continue to press for equality.


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Bringing Baby Home: Important Adoption Tips For Lesbian Couples

You and your partner have taken that big step… you’ve decided to adopt a child. While congratulations are in order, you also have to do your research and find out what roadblocks you may encounter along the way.

While adoption among the LBGT crowd is becoming more widely accepted, there are still some places that either don’t allow gay couples to adopt, or may make it harder for them.

Adoption can already be an arduous process for any couple, but the more you know, the easier navigating that tricky world will become.

Here’s a look at some great tips for you and your partner as you embark on your future adoption….


Consider All Adoption Options

There are a variety of options out there when it comes to adoptions, so be sure to choose the best fit for you. Are you looking for a public domestic adoption or a private domestic option? Are you looking to adopt an infant or would you be open to adopting an older child? Will race and ethnic background play a part in your decision? These are all important questions to consider and play into the type of adoption best suited for you and your partner.


Know Local Adoption Laws

Laws will vary depending upon the country you live in, and from there the state, region, or province. Some areas may not even allow same-sex couples to adopt, so be sure you are educated on your local adoption laws and understand them before going any further.


Be Honest and Up Front

Don’t hide your sexuality. Not only is that not being true to yourself, it could end up backfiring if the truth were to come out that you’re not a heterosexual couple. Be open and honest with the adoption agency and the birth mother (if birth mother will be known). That way you’ll be building a trusting relationship with all parties involved. And why would you want to be involved with someone who is against same-sex rights to begin with?


Search Out Gay-Friendly Adoption Agencies

Not all agencies are going to be gay-friendly, and you have the right to have your adoption process no matter what your sexuality is. This might take a bit of research, but it will be well worth it. Check out the history of various agencies and whether or not they have anti-discrimination clauses listed on their website or brochures. Taking the time to ensure you’ll be treated fairly in regards to your adoption is a must.


Find a Support System

The process of adopting a child can be lengthy and exhausting. And once you’ve finally brought your child home, raising him or her will also bring challenges as you and your partner embark on the new journey of motherhood. That’s why it’s helpful to have a support group of others who have already gone through the adoption process or are still are still going through it.

It’s important to be able to share your fears and concerns as well as your joy and happiness with others going through the same thing. Having a support system will definitely help you transition into your new roles as mothers as well.

Same-Sex Adoptive Parents Are Increasing Across America

While same-sex couples have long been able to adopt from private, gay-friendly adoption agencies, adopting children from the foster care system in America has proved more difficult in some states.

Some states have even taken up legislation that would allow taxpayer-funded contractors – that oversee state adoptions – to refuse gay or lesbian individuals from adopting children if it conflicts with the organization’s religious beliefs.

Some also have policies that do not allow gay and lesbian couples to adopt foster children jointly, according to the Human Rights Campaign. In Alabama, where a federal court overruled the state’s ban on gay marriage, gay couples were also not allowed to adopt jointly.

But many of those states are changing their policies in the aftermath of the Supreme Court decision on same-sex marriage.

That’s the case in North Dakota, where the law allows single people to adopt but specifies that adopting couples must be “husband and wife.”

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Julie Hoffman, adoptions administrator for the state Department of Human Services, said:

It’s simple. Now that gay couples are allowed to marry, they’ll be treated like any other married couple who’s adopting.”

Georgia, Kentucky, Louisiana, Missouri, Ohio and South Dakota also are changing their practices to allow married gay couples to go through the adoption process together. Some of them said they’re starting to update their forms to make them gender neutral.

In Alabama, married gay couples will be allowed to adopt a foster child, but they’ll have to wait longer than most – the state requires married couples interested in adopting to have been married for a year before beginning the adoption process.

Mississippi is the only state that has a law that specifically bars gay couples from adopting foster children, and Julia Bryan, spokeswoman for the state Department of Human Services, said the law will be followed unless the legislature makes any changes when it reconvenes in January. However, the ban is being challenged in the courts.

The Texas Department of Family and Protective Services also will wait on the legislature before changing how it operates, according to spokeswoman Julie Moody.

Gay couples in the state will have to continue to have one member of the couple formally adopt the child, and then the other member has to come back later to do a second parent adoption – a similar process to a step parent adopting a stepchild.

Nebraska policy prevented unmarried couples, gay or straight, from fostering or adopting state wards until 2012, when the state started allowing same-sex couples to become foster parents, ultimately placing foster children with 15 same-sex couples.

A county judge recently struck down the unmarried couple ban. But the state is planning to challenge that, saying that the broad scope of the order would require its Department of Health and Human Services to treat “unrelated, unmarried adults residing together” the same as it treats individuals and married couples.

statement from the Attorney General’s Office said that would make it more difficult to make placements in the best interest of the child.

 

The Mexican Supreme Court Strikes Down Same-Sex Adoption Ban

In a nine votes to one ruling, Mexico’s Supreme Court has ruled that banning same-sex couples from adopting children is unconstitutional.

Justices struck down a same-sex adoption ban in the southern state of Campeche. The human rights commission, who argued this law violated constitutional rights to non-discrimination and form families, filed the challenge to a law passed in 2013.

The decision ruled that the ban was unconstitutional.

Presiding judge, Luis Maria Aguila, said the decision was made bearing in mind the need to protect children being adopted.

I see no problem for a child to be adopted in a society of co-existence, which has precisely this purpose. Are we going to prefer to have children in the street, which according to statistics exceed 100,000? We attend, of course, and perhaps with the same intensity or more, to the interests of the child.”

Eduardo Medina Mora was the only supreme court judge to vote against the ruling – he argued that the interest of the child, rather than the adopting couple, should be key.

The same court in June ruled that Mexico’s state bans on same-sex marriage are unconstitutional, effectively legalising it.

Greenland’s Parliament Unanimously Approves Same-Sex Marriage

Greenland’s Parliament has unanimously approved same-sex marriage and adoption.

MPs in the country, which has a population of 57,000, voted to adopt Danish legislation on the issue.

Denmark became the first country to allow same-sex partnerships legality in 1989, and in 2012, the parliament approved a law that allowed gay couples to be marriage in a formal church wedding ceremony.

Two MPs were absent, but none voted against the measure.

The new measure will now scrap Greenland’s domestic partnership laws, adopted from Greenland in 1996, which allowed couples to register as same-sex couples and receive nearly the same rights as married opposite-sex couples.

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Going into effect on 1 October 2015, the new law also grants adoption rights to same-sex couples, say reports.

Greenland in 2008 introduced discrimination protection for gay people, and in 2010 held its first gay

Lesbian Couple in Taiwan Fight Court Over Adoption Rights 

A lesbian in Taiwan has been told she can not adopt the children she parents with her partner, because it would have a “negative impact” on them will appeal the landmark case.

Neal Wang, 36, wanted to formally adopt the children that she and her partner of 15 years planned together and now co-parent. Wang’s partner, Ashley Chou, gave birth to their twins – one boy, one girl – who are now three.

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Under Taiwanese law, the unmarried partner of a birth mother is not allowed to adopt their child – but the couple had applied as a “de facto” married couple, saying that they want to wed, but are barred as same-sex marriages are illegal.

More: Lesbian Couple in Taiwan Battle for Recognition of Their Two Children

The court ruled against the adoption, citing potential “negative impact” on the children, despite an evaluation from a child welfare group finding Wang fit as an adoptive parent.

Wang spoke to reporters outside the Shihlin district court, as the couple announced their appeal bid.

“I have a healthy family and the children are happy. I don’t understand what the ‘negative impact’ would be. I was there from the beginning when the kids were still eggs and I’ve taken care of them like any other parent.”

The court ruling on Wang’s application also cited a lack of “consensus” on legalizing same-sex marriages.

The ruling said

“There are many objections against homosexual couples adopting children. If the adoption is recognized, the young children will be placed on the front line of the issue and face pressure from the outside, which could have a negative impact on their physical and psychological developments.”

Taiwan holds one of Asia’s biggest annual gay pride parades and its Cabinet drafted a bill in 2003 to legalize same-sex marriages and recognise the rights of homosexual couples to adopt children – the first in Asia to do so.

But the bill was never put to a vote due to lack of consensus among lawmakers.

Another bill to recognize same-sex marriage was sent to parliament in 2013, but advocacy groups say there has been no progress.