Adoption by same-sex couples

Some foes of adoption by same-sex couples argue that gays and lesbians are more prone to mental disorders than are straight persons, and that therefore same-sex adoption should not be permitted. They cite a controversial survey study by Dr. George A. Rekers of the University of South Carolina School of Medicine:

Reporting the findings of 12-month prevalence, 36.8% of men having sex with men had a psychiatric disorder^**, compared to 28.2% of men having sex with women. And 55.5% of women having sex with women had a psychiatric disorder compared with 31.8% of women who have sex with men.

^**The term `psychiatric disorder' is defined here in such a way as to encompass over 28% and 31% of all sexually active men and women respectively.

Critics of this argument note that it is based on a generalization and does not necessarily apply to individual same-sex couples. Extensive evaluations of individual prospective parents are a standard prerequisite for adopting children, regardless of the prospective parents' gender and/or sexual orientation. The prevalence of psychiatric disorders in a general group therefore has little bearing on the fitness of individual prospective parents.

A related criticism is that, due to a shortage of prospective adopted parents, for many children the alternative to adoption by a same-sex couple is not adoption by an opposite-sex couple but rather foster care. According to the American Academy of Child & Adolescent Psychiatry "About 30% of children in foster care have severe emotional, behavioral, or developmental problems." [link] Since evidence seems to suggest that foster care is the least suitable environment for children, it is a contradiction to ban adoption by same-sex couples in order to protect children.

In addition, there is reason to question the validity of a argument that concludes that over 1/4 of men and 1/3 of women, regardless of gender preference, have mental illnesses sufficient to disqualify them from parenting.

Legal status around the world

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Adoption by same-sex couples is legal in Sweden, the Netherlands, Andorra, Spain, England and Wales, Scotland, South Africa Iceland and Belgium. Norway, Germany and Denmark allow "stepchild-adoption" so that the partner in a civil union can adopt the natural (or sometimes even adopted) child of his partner. In the Republic of Ireland and some other countries, individual persons, whether heterosexual/homosexual, cohabiting/single may apply for adoption.

In February 2006, France's Court of Cassation ruled that both partners in a same-sex relationship can have parental rights over one partner's biological child. The result came from a case where a woman tried to give parental rights of her two daughters to her partner whom she was in a civil union with.[link]

On June 2, 2006 the Icelandic Parliament voted for a proposal accepting adoption, parenting and assisted insemination treatment for same-sex couples on the same basis as heterosexual couples. No member of the parliament voted against the proposal. The law goes into effect on June 27, 2006.

Within the U.S., California, Massachusetts, New Jersey, New Mexico, New York, Ohio, Vermont, Washington state, Wisconsin, and Washington, D.C. allow adoption by same-sex couples. [link] [link] Florida is the only state that completely prohibits adoption by same-sex couples. Mississippi, Oklahoma, Colorado and Utah all make adoption by same-sex couples virtually impossible. Critics of such restrictive policies also point out that in many of the states that have bans on adoption by same-sex couples, these same couples are still able to act as foster parents.

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In Australia, same-sex adoption is legal in the Australian Capital Territory and Western Australia, while stepchild adoption is possible in Tasmania.

In New Zealand, preliminary New Zealand Law Commission Reports and white papers have raised the issue already, while Metiria Turei, a Green Party of New Zealand List MP raised the issue in late May 2006. In February 2005, the Greens had suggested that an adoption law reform clause should be added to the Relationships (Statutory References) Act 2005, which equalised heterosexual, lesbian and gay spousal status in New Zealand law and regulatory policy, apart from the Adoption Act 1955. While the measure was unsuccessful, it remains to be seen whether a reintroduced adoption law reform bill on its own would fare differently. [link]

A January 2005 ruling of the Israeli Supreme Court allowed step-child adoptions for same-sex couples. Israel previously allowed limited co-guardianship rights for non-biological parents.[link]

Trivia

• One prominent figure in America's adoption debate is actress and comedian Rosie O'Donnell, who is an adoptive parent in a same-sex relationship. O'Donnell is remembered for her efforts in challenging Florida's ban on adoption by same-sex couples.
• A subplot of the critically acclaimed television drama Six Feet Under featured the adoption of two boys by an interracial gay couple ().

See also

• Adoption
• Same-sex marriage
• Biology and sexual orientation
• Civil union
• Gay rights

References