| Homosexual Adoption and Foster Parenting |
| Implications of A Parent's Sexual Orientation in Child Custody Cases |
| In the midst of a custody battle, warring spouses will often try anything to get the judge ruling over their case to side with them, in this way hoping to win sole custody of the child (or children). This can quite often be damaging when one of the now divorced parents has come out to be homosexual. If the non-gay parent reacts in anger, the knowledge of their former spouses' new found sexual orientation can often make or break a custody battle. As previously discussed, there are many common misconceptions held by the general public, sometimes including judges. *In a study conducted by Lewin, recently divorced lesbian mothers were compared to recently divorced heterosexual mothers. All mothers were raising children which ranged in age from 1-18 years. Both lesbian and heterosexual mothers were similar in terms of household structure, relations with relatives and ex-husbands and beliefs and values as single mothers. The only major difference was the "perceived vulnerability and stress experienced by lesbian mothers regarding custody litigation." Concludes that judges have a negative bias against lesbian mothers. Suggests the need for change within the legal system to prevent bias (14). |
| "Homosexual couples raise children who are as well-adjusted as any and they deserve the same adoption rights as heterosexual couples" (23). |
| In January 1983, David Frater made national news when he gained custody of a 17 year old boy named Kevin. It was one of the first well publicized instances in which an openly homosexual person had managed to adopt a child. There are almost no statistics available on the subject of homosexual adoption, but it is well known that gaining custody of a child if one is homosexual is often times an uphill battle. Traditionally the most "desirable" children to adopt are healthy white infants. Homosexuals are often encouraged, if seeking adoption or foster parenting, to chose to adopt children that are harder to place, such as those who are older or hanidcapped. The National Association for Social Workers has encouraged full adoption rights for gays and lesbians. Homosexuals have also found success in trying to attain a private or contractual adoption. In this way, the adoptive parent makes an arrangement with the mother-to-be, and adopts her child at birth. This type of adoption is expensive, in that the adoptive parents must cover all of the pregant mother's medical expenses which can range into the thousands of dollars. Legal fees must also be covered by the adoptive parent. The biggest drawback to homosexual adoption is that only one parent may legally adopt the child. The state does not recognize the partner of the adoptive parents as having any legal rights over the child (20). |
| Adoption |
| Foster Parenting |
| Foster parents chose to take in a child (or children) for a span of time ranging from three months to several years. Generally adoption is not the goal of foster parenting. Foster parenting is critical for older and/or handicapped children. Many of the children needing to be placed in foster homes are runaways. A large number of those runaways are gay teens who felt they had to leave home after coming out to their parents. Social service agencies have become aware of this problem, and have started to place these teens in gay foster homes (20). The criteria for becoming a foster parent vary from jurisdiction to jurisdiction. Sexual orientation may be a critical factor in deciding foster parenting, or it may not. As Schulenburg reports, "[o]verall, the traits sought are stability in job, community and mentality, sufficient home space to adequately house a child or children, and abilities in support and nuture" (20). |
| Related Articles |
| "Pediatric Group Supports Gay Adoption" by Stuart Shepard "U.S. Pediatricians Argue for Rights of Gay Parents" "Same-Sex Parenting: Expert testimony before a Hawaiian court" ReligiousTolerance.org |
| Related Resources |
| "Gay and Lesbian Adoptive Parents: Resources for Professionals and Parents" provided by the National Adoption Information Clearinghouse "ACLU Fact Sheet: Overview of Lesbian and Gay Parenting, Adoption and Foster Care" provided by the American Civil Liberties Union for Lesbian and Gay Rights |