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27 J. Juv. L. 95 (2006)
My Two Moms: An Analysis of the Status of Homosexual Adoption and the Challenges to Its Acceptance

handle is hein.journals/jjuvl27 and id is 99 raw text is: MY TWO MOMS: AN ANALYSIS OF THE
STATUS OF HOMOSEXUAL ADOPTION
AND THE CHALLENGES TO
ITS ACCEPTANCE
I. INTRODUCTION
We are defined by our memories, experiences, and relationships.
For many of us, the trials and tribulations of family life are exper-
iences to be taken for granted. Unfortunately, many children do not
have the luxury of taking these memories and relationships for
granted. Children may have lost their birth families and may need a
surrogate family through adoption.' Alternately, children of one ho-
mosexual or bisexual parent may find themselves in a homogenous
sexual household after divorce, separation, or death.2 Regardless of
the cause behind the child's situation, the child's need is readily appar-
ent. It is the state's job in an adoption to consider the best interests of
the child and find an alienated child a loving home. However, when
there are more children in need of love, than loving homes available,
children are often faced with an uncertain future in the foster care
program. A child's adoption opportunities are further limited by
homophobia. States have viewed homosexual households as an
anathema in regards to adoption. However, recent court decisions in-
terpreting many adoption statutes in a gender neutral manner evinces
a trend towards the acceptance of gay and lesbian adoption.3 Only a
few states specifically forbid discrimination against homosexuals in
adoption petitions.4
At the dawn of the twenty-first century, homosexual rights are
beginning to move to the fore of the civil rights battlefront. Homosex-
uals are fighting for rights and privileges that the vast majority of the
population take for granted, such as the right to provide a home to
children in need. Gays and lesbians today are fighting for the right to
marry and adopt against a background of growing international ac-
ceptance but increasing domestic resistance. While homosexuals seem
1. See, e.g., Lofton v. Secretary of the Dept. of Children and Family Services, 358
F.3d 804 (11th Cir. 2004).
2. See, e.g., In re Jacob, 660 N.E.2d 397 (N.Y. 1995).
3. See, e.g., Sharon S. v. Superior Court, 2 Cal. Rptr. 3d 699 (Cal. 2003); Jacob, 660
N.E.2d at 397; Adoption of Tammy, 619 N.E.2d 315 (Mass. 1993).
4. See Jacob, 660 N.E.2d at 397.

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