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Homosexual Adoptions

The desire to become a parent and raise a child is perhaps as prevalent among lesbian and gay men as it is among heterosexuals. The reasons for wanting a child are also just as complex. Some believe that having a child ensures their immortality; others wish to gratify their parents’ insistence on grandchildren; still others feel the basic human urge to parent and nurture. For many lesbian women and gay men, however, the only undesired consequence of their sexual orientation is the inability to have a child with the person they love. One solution to this problem has been adoption. However, the jurisdictions granting homosexual adoptions have been few and far between. This in part, has been due to the law’s reluctance to keep pace with and face the realities of evolving social patterns in which gay and lesbians live together as life partners and subsequently choose to raise a family in the same manner as heterosexuals. These relationships are not, however, viewed by the law as constituting the “traditional” family.

This lag may stem from the feeling, by many of those in opposition to “alternative” families, that the “traditional nuclear” family forms the bedrock of society. Some people believe that the nucle


ar family is the only domestic relation unit or that it alone is the only uniquely situated to transmit society’s most important values, while new types of loving relationships are seen as a threat to the very order of things. The problem with this objection is that it ignores the negative attributes of nuclear families and the positive characteristics of alternative families. “Close scrutiny of same-sex couples by the courts, however, would reveal that these alternative family arrangements preserve traditional family qualities, values, stability, commitment, affection and support, as well.”(Bartlett, 287) When a household becomes the functional equivalent of a family, the law should not treat it any differently than the “traditional” family (288). There is still, evidence that courts and social commentators are beginning to extend token recognition to diversity, alternative lifestyles and the movement of the family away from the traditional nuclear model.

In conclusion, it is cause for hopefulness that courts, legislatures, and scholars are struggling to devise new doctrines to address the needs of children in families that do not fit the one mother/one father model. The courts now realize that if children can adjust to stepfathers, adoptive fathers, live-in fathers, intermittent fathers and absent fathers, they can adjust to two fathers or two mothers. Thus, as more and more parents are revealing their sexual orientation, it is necessary to eliminate the antiquated stereotypes, fears, taboos and misconceptions that permeate custody and adoption proceeding involving gay and lesbian parents. Instead, homosexual couples must be viewed as having a relationship capable of legal recognition with concomitant legal rights and principles. Once it is recognized that these couples’ family interest are essentially identical to those of heterosexual couples, denial of legal protections and rights become objectionable.

These statutory limitations lead to an unfair result when a same-sex couple mutually decide to raise a family together prior to the birth of any children and after a child is born by one, if they wish the other to legally adopt that child. Under this new definition of “parent,” all those considered parents would be accorded the rights and responsibilities of parenthood, while non

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, Bowman Cornish, Relations Law, Allison Virginia, Alison Alison, Supreme Court, gay lesbian, rights responsibilities, domestic relations law, loco parentis”, courts legislatures, domestic relations, children raised, sexual orientation, definition “parent”, relations law, parental rights, Domestic Relations, well-being children raised, rights responsibilities parenthood,

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Approximate Word count = 1569
Approximate Pages = 6 (250 words per page double spaced)


  

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