About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2 Duke J. Gender L. & Pol'y 191 (1995)
Adoption of Minor Children by Lesbian and Gay Adults: A Social Science Perspective

handle is hein.journals/djglp2 and id is 197 raw text is: ADOPTION OF MINOR CHILDREN BY LESBIAN AND GAY ADULTS: A SOCIAL SCIENCE PERSPECTIVE CHARLOTTE J. PATTERSON Does adoption of minor children by openly lesbian or gay adults serve the best interests of children? Although forbidden in some jurisdictions,' such adoptions have taken place in other parts of the country. Considerable public controversy continues to surround adoptions by lesbian and gay par- ents.2 In this article, I begin with a description of two actual adoptions which illustrate the difference between stranger adoptions, in which the biological parent's rights are terminated, and second parent or co-parent adoptions, in which a second person becomes a legal parent without termi- nating the legal or biological parent's rights. In this way, I hope to point out some of the needs that these adoptions satisfy. I then provide a brief outline of the legal status of lesbian and gay adoption in different jurisdictions and give an overview of evidence from social science research about the develop- ment of children with lesbian and gay parents. I conclude that there is no factual basis for claims that the adoption of children by lesbian and gay parents is harmful to children. On the contrary, there is every reason to believe, based on research findings, that children of lesbian and gay parents develop as successfully as do children of heterosexual parents. For this rea- son, and in view of the needs of children who are involved, I argue that for purposes of adoption proceedings, sexual orientation of prospective parents should be considered irrelevant. I. ADOPTION BY LESBIAN AND GAY PARENTS: Two PERSONAL STORIES A. To Be Someone's Child Forever: In re Adoption of Charles B.3 Representative in many ways of children in need of adoptive homes, Charles B., born in 1981, entered the Ohio child welfare system in 1985 with * Associate Professor of Psychology, University of Virginia. I wish to thank participants in the Journal's Conference, Defining Family: Adoption Law & Policy, held at Duke Law School on April 8-9, 1994 for helpful discussions of issues relevant to the material presented in this article. 1. FLA. STAT. ANN. § 63.042 (West 1985 & Supp. 1995); N.H. REV. STAT. ANN. §§ 170-B:4, 170-F:6 (1994). 2. See David K. Flaks, Gay and Lesbian Families: Judicial Assumptions, Scientific Facts, 3 WM. & MARY BILL RTS. J. 345 (1994); Lisa M. Pooley, Heterosexism and Children's Best Interests: Con- flicting Concepts in Nancy S. v. Michele G., 27 U.S.F. L. REV. 477 (1993); Jack Broom, Gay-Rights Backers Vow to Deter Adoption Ban, THE SEAIrLE TIMES, Oct. 6, 1993, at B4; Laurie K. Schenden, Wins & Losses; Gay Couples Have Made Some Progress on the Adoption Front, With a Growing Number of Judges Allowing Partners to be Co-Parents; But Case Law Continues to be In- consistent and Confusing, L.A. TIMES, Sept. 22, 1993, at El. 3. In re Adoption of Charles B., 552 N.E.2d 884 (Ohio 1990).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most