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2 Law & Sexuality: Rev. Lesbian & Gay Legal Issues 237 (1992)
Legal, Psychological, and Medical Considerations in Lesbian Parenting

handle is hein.journals/lsex2 and id is 241 raw text is: Legal, Psychological, and Medical Considerations in Lesbian Parenting I. Introduction 237 II. Research Regarding Lesbian Mothers and Their Children 239 III. Lesbian Parenting Options 241 A. Obtaining custody from a previous heterosexual rela- tionship 241 1. The per se approach 242 2. The middle ground approach 246 3. The nexus approach 247 B. Insemination 248 C. Second parent adoption 253 D. Lesbian adoption and joint adoption 256 E. Foster parenting 258 F. Legal guardianship 259 IV. Feminist Concerns 260 V. Proposed Theories for.Establishing Parenthood in the Fu- ture 262 VI. Conclusions 263 I. INTRODUCTION Greater numbers of homosexuals are choosing to become parents than ever before, resulting in what Louise Rafkin has termed the gay-by boom.' In particular, lesbians, who traditionally have been more likely to remain with one partner than gay men,2 are choosing to become parents. An estimated one in three lesbians have become parents by obtaining cus- tody of children from a previous heterosexual relationship or through in- semination.3 The total population of lesbian mothers in the United States 1. Louise Rafkin, It's a Gay-By Boom., in DIFFERENT MOTHERS: SONS AND DAUGHTERS OF LFSBIANS TALK ABOUT THEIR LIVES 9 (Louise Rafkin ed., 1990). In a survey conducted in 1987 of 1,921 lesbians, 58.8% had considered having a child; 61% of those considering parenthood would do so by donor insemination, if necessary. Susan R. Johnson, et al., Parenting Desires Among Bisexual Women and Lesbians, 32 J. REPRODUCTIVE MED. 198, 199 (1987). 2. James N. Baker & Shawn D. Lewis, Lesbians: Portrait of a Community, NEWSWEEK, March 12, 1990, at 24. 3. Id. See also, Kirkpatrick, Clinical Implications of Lesbian Mother Studies, 14 J. HoMosExU- ALiTY 201, 202 (1987) [hereinafter Kirkpatrick, Clinical Implications].

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