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SAME-SEX FOSTER PARENTING:
Are gays & lesbians good foster parents?
Sponsored link.
Disclaimer:
This essay provides general information only. Do not rely on it to determine
your legal rights or status. The legal situation in many political jurisdictions is in a state of
rapid change. We recommend that you seek legal advice from a
qualified attorney.
Introduction:
Foster parenting in the gay-lesbian-bisexual community has many points of
similarity to adoption. The following information is copied with a few
modifications from our introduction to gay/lesbian/bisexual adoption.
Les-gay foster parenting is an important factor for the homosexual community. A growing number of
homosexuals want to form a family with children; foster parenting can be one
path towards this goal.
Foster parenting by gays and lesbians, either single individuals or committed
couples is a controversial topic. Some arguments are:
 | Those in favor of allowing gays and lesbians to become foster parents
point out that
 | There are numerous children stuck in foster homes or institutions where
they are currently awaiting adoption. In some areas of the country, foster
homes are extremely unhealthy places for children to remain in. By allowing
homosexuals to become foster parents, the pool of high quality foster homes
will increase, and children will be benefited. |
| A family led by two same-sex parents can be an excellent environment in
which to raise a homosexual foster child. The child would not be subject to
homophobia within the family, would have a greater chance of being accepted,
and would have parents sensitive to their special needs. |
|
| Opponents often believe that only a marriage consisting of one man and
one woman provides the type of environment that children need to develop
properly. Their main reasons appear to be that:
| They feel that for proper social and sexual development, foser
children need to be in a family headed by one man and one woman. They
often point to studies conducted by social and religious conservatives
which support this conclusion. |
| They feel that foster children raised in a family with two mothers
or two fathers will be discriminated against in school, play and
elsewhere because of the high level of homophobia
in society. They will suffer the same type of rejections as
minority-race children and mixed-race children face due to the bigotry
and rejection of others. |
| They disagree with the findings of almost all
professional associations concerning homosexuality. Rather, they
regard homosexual orientation as a disordered,
unnatural, abnormal, chosen, and/or sinful state; they feel that Gay
or lesbian foster parenting is thus fundamentally flawed. |
There are also two arguments that follow naturally from their disapproval
of homosexual orientation and behavior:
| They believe that children who grow up in a homosexual environment
will choose to become homosexuals later in
life. This appears to be a false belief. |
| A child raised in a home led by heterosexual parents would have a
greater chance of choosing to be heterosexual later in life. |
|
Gay and lesbian foster parenting is in a state of rapid flux, as various
states and countries consider changes to their laws and regulations. Many
jurisdictions now allow single adults of all sexual orientations to adopt
children. However, some do not extend this to les/gay co-parenting situations.
This is a situation in which one lesbian or gay wants to adopt the child of
their partner.
Just because a particular state has no legal impediments that automatically
prevent a same-sex couple from becoming foster parents is no guarantee that they will actually
be allowed to do so. Courts and case workers generally use the welfare of the
child to be the prime factor in their decisions. Many judges and case
workers are disinclined to approve of such arrangements because they:
| Accept the belief, promoted by many social and religious conservatives,
that people act, think, behave, parent, think in different ways, depending
upon their gender. Thus, any child raised in a family headed by either two
men or two women are at an extreme disadvantage, both during childhood and
as adults. |
| Are concerned that there is so much homophobia in American society that
a child being raised by two mothers or by two fathers will be ridiculed,
rejected, harassed and physically assaulted. |
| Are homophobic themselves. |
So, just because a state will allow same-sex partners to become foster
parents is no guarantee that a given couple will be approved.
Legal status of foster parenting in the U.S.:
This section is being
expanded as of 2006-FEB-21.
| 2006-FEB-18: MO: Lesbian accepted as foster parent: Rominger
Legal reports that: |
"In the first such case in Missouri, a Jackson County judge ruled
Friday that the state could not deny a lesbian a foster parent license.
There was no dispute that Lisa Johnston was well qualified, but the
state contended she lacked 'reputable character' because her sexual
relationship with another woman broke state law. So the state denied the
license." 1
The state law that criminalizes same-sex
consensual behavior between adults is clearly unconstitutional because of
the U.S. Supreme Court's 2003 ruling in Lawrence v. Texas. Lisa Johnson
said: "I'm overwhelmed with joy. I feel like we were heard." She and
her partner Dawn Rogniski issued a jpomt statement praising the judge for
seeing that the ban in Missouri hurts children, It said: "This is a
victory for all the children in the Missouri foster care system." The
state plans to appeal and to ask that the court's decision be stayed until
its appeal is heard. A Department of Social Services spokeswoman said that
they were "disappointed by the decision ... and its implications for the
state of Missouri." If this decision, and a similar one in Arkansas, are
upheld on appeal, then there would be no states left which forbid gay and
lesbian foster parents.
Legal status of foster parenting in other countries:
Being written as of 2006-FEB-21.
See also our essay on adoption by same-sex
couples.
Information on the Internet:
| The GayLawNet web site has a section which records news items
about lesgay adoption. See:
http://www.gaylawnet.com/news/ |
| The Human Rights Campaign Foundation has a list of lesbian- and
gay-friendly adoption agencies in all 50 states of the U.S., and the
District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. See:
http://www.hrc.org/familynet/homelife/ |
| The Human Rights Campaign Foundation also has a description of
current parenting laws in all 50 states and the District of Columbia. They
appear to update the data frequently. See:
http://www.hrc.org/familynet/adoption |
References:
- Joe Lambe And John Shultz, "Judge OKs gay foster parent," The Kansas
City Star, MO, 2006-FEB-18. Online at:
http://www.romingerlegal.com/
Copyright © 2006 by the Ontario
Consultants on Religious Tolerance
Originally written: 2006-FEB-08
Latest update: 2006-FEB-21
Compiler: B.A. Robinson
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