This essay provides general information only. Do not rely on it to determine
your legal rights or status. The legal situation in many states is in a state of
rapid change. We recommend that you seek legal advice from a
qualified attorney.
Legal status of adoption in the U.S.:
According to family-law.freeadvice.com, "Some jurisdictions (e.g., New
York and California) allow gay and lesbian couples to adopt, others do not, and
in many states, 'it depends' on the judge, the lawyer, and the individual
involved." 1
Past status: In their 1994 book on homosexuality, Focus on the Family, a Fundamentalist Christian group,
reported that: 2
Florida and New Hampshire had laws forbidding adoption by homosexuals;
Arkansas, Missouri, North Dakota and Virginia had legal precedences in which courts ruled that gays and lesbians are automatically unfit as
parents because of their sexual orientation.
California, Minnesota, New York and New Jersey had laws or regulations which specifically permit homosexual adoption.
The remaining 40 states and the District of Columbia had no laws either forbidding or permitting adoption by gays or lesbians individuals or
couples.
Recent developments: Since that book was published, there have been many changes. Some are:
2000-MAY-2: CT: The state legislature passed a bill which allows
adoption by homosexuals and unmarried heterosexuals. 3
2002-MAY-3: MS: Governor Ronnie Musgrove of Mississippi signed a bill into
law that bans homosexual
couples from legally adopting children. Religious reaction was split: "The state's top Episcopal leader
urged its defeat. Baptists and Methodists lobbied for it."
3,4
2002-AUG-21: PA: The state Supreme Court unanimously
decided that the existing state law was "absurd." It allowed a same-sex couple
to legally adopt an unrelated child, but prevented a homosexual from adopting
his/her partner's child. This decision overturned an earlier ruling by the state Superior Court
in the year 2000.
2003-NOV-14: ND: The state Supreme Court unanimously overturned a
1981 decision that had been used to deny lesbian and gay parents custody of
their own children. The decision leaves only four states - Alabama, Mississippi,
North Carolina, and Virginia - where courts still deny custody based on sexual
orientation alone.
In California the adoption situation is complex. Since 1985,
"second-parent" adoptions, in which one partner's child is adopted by the
other, have been frequently granted. They are used mainly by
lesbian couples. However, in the fall of 2001, a San Diego appellate court
ruled that no legal authority existed which permitted such adoptions. The legal status of
more than 10,000 California adoptions instantly became indeterminate. Pat Logue,
counsel for the gay-positive Lambda Legal Defense and Education Fund
said: "It’s outrageous. This decision destabilizes the lives of
thousands of children, exactly the opposite of what adoption is intended to
do." A few months later, on 2002-JAN-1, California law AB 25 took
effect; it grants domestic partners the right to second-parent adoptions.
Carole Migden had introduced that bill to the legislature. She planed to propose
another bill that would "grandfather in" the adoptions made prior to 2002,
and place them on a firm legal footing. 5,6
As of 2006-FEB-20,
we are filling in this section with information during 2004 to the present.
Larry Burtoft, "Setting the Record Straight: What Research Really Says About the Social Consequences of Homosexuality",
Focus on the Family, Colorado Springs, CO, (1994), pages 74 to 78
Barbara Curtis, "Analysis: Gay adoptions get boost from new California law, support from pediatricians," Christian Times, at:
http://www.christiantimes.com/Articles/