The Legalization of Adoption by Homosexuals - Report Example

Roberta Alves Cecilia Fernandes EAP 1101 03 August The Legalization of Adoption by Homosexuals Human society today is a productof millions of years of evolution. Family system of the society has also evolved and today homosexuals have gained partial acceptance in many parts of the world. The family models have also evolved socially highlighting the possibility of adoption by same-sex couples. It is not legal for homosexual couples to adopt a child and homosexuals continue to demand recognition of their rights but still they are surrounded by conflicting opinions. It is now time to abandon prejudice and hypocritical attitude devoid of scientific basis and adopt a posture of strong defense to constitutionally guarantee the rights of children and adolescents by allowing homosexuals the right of adoption. Taking into account the development that has taken place in social relations it can be safely argued that homosexual couples can raise a child just like heterosexual couples. In the process dreams of homosexuals who want to adopt children can be realized and children who yearn to be adopted can also get a family. The question that we need to ask is: Can any individual adopt, regardless of their sexual orientation? What is the best interest of the child: to remain on the streets, in foster care, or to be adopted by homosexuals? The answer to such questions is crucial, even if the subject is a taboo. It is important to consider the amount of people affected if the adoption is permissible. It will allow people who are homosexuals and who want to adopt kids to express their sexuality freely. More and more gay and lesbian adults are bringing children in their lives through adoption or alternative insemination, Friedman affirms that “The fact is estimates that 4 million gay and lesbian parents are raising 8 to 10 million children in the United States” (1). The adoption by homosexuals is still abhorred by most people as there are strong prejudicial feelings regarding homosexuals and this complicates the approval of laws that in fact will to lead to the wellbeing of the children as well as the homosexual couples. Raising a kid is the same responsibility for any parents, whether gay or straight. It has absolutely nothing to do with the sexual orientation of the parents and has more to do with a loving family that provides guidance to children and shows compassion and understanding towards children. In addition, children who grow up with gay or lesbian parents fare as well in emotional, cognitive, social, and sexual functioning similar to the children whose are raised by heterosexual parents. Moreover adjustment of young children is largely determined by family functioning regardless of their parents gender or sexual orientation. Children fare better when their parents are compatible, share responsibilities, provide financial stability, and have healthy interpersonal relationship. All these things can easily be achieved by homosexual couples. To make the best adoption decisions for children, social workers analyze whether the applicant meets certain features, such as: emotional balance, employment stability, maturity, ability to educate a child, capacity for love, awareness of the parental roles, and a healthy family environment or not. If the couple is caring, nurturing, and sensitive to others, they have the qualities needed to be a parent. Their individual strengths and weaknesses and how those will compliment the needs of the child are also important factors in raising a child. Finally, it is important to know whether parents can raise a child that is not biologically related to them in adoption decisions. All these standards can be applied to homosexuals so they should also be allowed to adopt children. In the research Pawelski says that: “The National Association of Social Workers supports the adoption of local, state, federal and international policies/legislation that protect the rights and well-being of children of lesbian, gay, and bisexual people” (2). Another association that supports the legalization of adoption by homosexual is the American Psychological Association; “The APA also opposed discrimination against lesbian or gay parent’s adoptions, child custody and visitation, foster care and reproductive health services ” (3). Psychologists study and claim that homosexual couples can generate a very healthy environment for children by coping better with the differences in sexuality. Homosexual couples can also help children figure out their own sexual orientation in a better manner than a heterosexual couple. Children born or adopted into families headed by partners who are of the same-sex usually have one biologic or adoptive legal parent. The other partner in the parental role is called the co-parent or second parent. Because the lack of civil law, the “co-parent” has no civil right with the child and this gives rise to situations that affect their life. The main problem comes with regards to the financial support or inheritance rights of the second parent. The second parent is also not entitled to Social Security benefits, retirement benefits, and state workers’ compensation benefits. If the second parent dies or becomes incapacitated he or she is ineligible for health insurance benefits from the second parent’s employer. Similarly, in the absence of a second-parent or joint adoption, a child whose legal parent dies or is incapacitated may be taken away from the second parent is placed in foster care or with relatives of the legal parent with whom the child may have no bond. Guarantees that the second parent’s custody rights and responsibilities will be protected if the first parent were to die or become incapacitated. Moreover, second-parent adoption protects the child’s legal right of relationships with both parents. In the absence of co parent adoption, members of the family of the legal parent, should he or she become incapacitated, might successfully challenge the surviving coparent’s rights to continue to parent the child, thus causing the child to lose both parents (339)(4).pediatric2 Unfortunately, there are too many kids in foster care and not enough parents to adopt them. For those children the worst is to be raised in the loneliness experiencing the stark realities of an orphanage, instead of being adopted by two loving people who want to adopt and raise children. Friedman says that: “there are plenty of gay and lesbian families willing to adopt some of the 568,000 kids languishing in institutions, but statutory bans and local judiciaries refusing to grant gay adoption petitions impede them” (5). Allowing adoption by homosexuals would help minimize the tragedy of these children and adolescents, because they could be educated with all the material, moral, and intellectual assistance and could receive affection, love, and care. They should also get a chance to become normal adults in the future and to have a suitable for life as any other child born and raised in a common home has, instead of being neglected and marginalized. Moreover, just because the homosexuals are discriminated against, they are left in foster homes without any hope of a normal life. The cost of not legalizing adoptions for homosexual couples is significant for such children and even the society. Foster home kids are not educated in a way a normal child is educated and therefore they do not play a role in the society as other normal kids. The most important thing for those children is to get the financial and emotional safety standards that other kids enjoy. Before passing judgment on the issue of homosexual adoption one has to see the whole situation about thousands of children and think about the protection of these helpless lives as they too have a right to a family. Accumulated evidence suggests the best interest of the child requires attachment to committed, nurturing and competent parents. Evaluation of an individual or couple for these parental qualities should be determinate without prejudice regarding sexual orientation. Gay and lesbian individuals and couples are capable of meeting the best of the child and should be afforded the same rights and should accept the same responsibilities as heterosexual parents. (Pewelski 362) (6) There is no reason to fear that the children raised by homosexuals will also become homosexual. Usually a homosexual is born from heterosexual couples. Homosexuality is something that is natural and external factors cannot cause a person to become a homosexual. Besides, the children who are in institutions are often neglect, mistreated and sexual abused. In fact, if it were permissible to conclude that the sexuality of parents, biological or not, influence the sexual orientation of children, what would be said about single parents consanguineous? The law that makes adoptions by homosexuals illicit is a blatant discrimination and has no scientific basic or logic. Can a boy be raised without a father while observing the behavior of his mother when she involves sexually with other men? Will the boy follow in the footsteps of his mother and will sexually relate to men? Obviously the answer cannot be determined because sexuality is determined by factors other than this one. Because of the complex nature of the issues involved in this sociopolitical debate, psychosocial effects can be multifaceted. These effects can be observed at the personal, couple, parental, child, family, and even community levels. Like children, many gay and lesbian people experience considerable isolation, peer rejection, ridicule, harassment, and some time, depression as affirms the study of Pewelski; “ they may experience rejection by their families, homelessness, maltreatment in school, and violence. As adult, gay and lesbian people continue to experience social marginalization and discrimination, and hate-crime violance” ( 358) (7). In conclusion, homosexuals are slowly expanding their footprint in society and are becoming more prominent, making the society respect their way of life and their union, and changing the rigid concepts before termed as unacceptable. Sometimes it is not easy to escape from the prejudice grown over time, but is necessary to practice what is right because the social reality goes far beyond our incomplete and imperfect theories. Conscientious and nurturing adults, whether they are men or women, heterosexual or homosexual, can be excellent parents. Prohibiting the legalization of the civil rights of those people just makes the situation worse. If, before the case, psychologists, social workers, and the judge think that a couple can rear a child the judge should grant adoption regardless of the sexual orientation of the adopter. Judges should be applying the theory of integral protection of children and adolescents, imagining what will make a happy family unit of bonding. The homosexuals should not stop being homosexuals because the society doesn’t accept them or agree with them, so the best way for everyone is to understand and accept them the way they are. Every child deserves to be a part of a family. We can’t let our prejudices prevent these people from being educated with all the material and intellect capacity. They should receive affection, and they should have a chance to become normal and healthy adults in future. If this is done then society will be in harmony and social semblance will be achieved in the long run. Works Cited American Psychological Association. “ APA Supports Legalization of Same-Sex Civil Marriages and Opposes Discrimination against Lesbian and Gay Parents”. American Psychological Association. 28 July. 2004. Committee on Psychosocial Aspects of Child and Family Health. “Coparent or Second-Parent Adoption by Same-Sex Parents”. Official Journal of the American Academy of Pediatrics (2002): 339-340. Print. Friedman, Lauri S. Gay Marriage. Detroit: Gale, 2010. Print. Pawelski, James G., et al. “The Effects of Marriage, Civil, and Domestic Partnership Laws on Health and Well-being of Children” Official Journal of the American Academy of Pediatrics (2006): 349-363. Print. Name: Roberta Alves Professor: Cecilia Fernandez Outline 08/03/2011 The Legalization of Adoption by Homosexuals I- Introduction It is not legal for homosexual couples to adopt a child and homosexuals continue to demand recognition of their rights but still they are surrounded by conflicting opinions. It is now time to abandon prejudice and hypocritical attitude devoid of scientific basis and adopt a posture of strong defense to constitutionally guarantee the rights of children and adolescents by allowing homosexuals the right of adoption. II- The importance of allowing homosexual adoption A- Many children are already being raised by gay and lesbian parents. B- Homosexual couples can promote stability by providing emotional and financial stability to the children in the same way as heterosexual couples. C- Sexual orientation does not affect parenting ability. III- The Association of Social Workers and the American psychological association support the same-sex adoption A- The social workers try to make the best placement decision for children 1) They want children to live in a good condition with the adopting parents. 2) They analyze whether the couple has the qualities needed to be good parents. B- The American Psychological Association supports the legalization of adoption by homosexuals. IV- Consequences for no legalization of adoption A- Because of the absence of law homosexual parents cannot protect their children 1) The co-parent has no civil right on the child. 2) If the legal parent dies the child comes back to a foster institution or to a relative of the legal parent with whom the child has no bond. B- There are too many kids in foster care and not enough parents to adopt them. V- Consequences of legalization of adoption by homosexuals A- Instead of being neglected and marginalized children could be cared and could have a future. B- The children could enjoy the same financial and emotional safety standards other kids enjoy. C- The legalization will abolish the myth about the sexuality of parents influence the sexual orientation of children D- It could end the prejudice regarding homosexuals in general within the society. VI- Conclusion Conscientious and nurturing adults, whether they are men or women, heterosexual or homosexual, can be excellent parents. Prohibiting the legalization of the civil rights of those people just makes the situation worse. If, before the case, psychologists, social workers, and the judge think that a couple can rear a child the judge should grant adoption regardless of the sexual orientation of the adopter. Judges should be applying the theory of integral protection of children and adolescents, imagining what will make a happy family unit of bonding. Read More