Gay Parents Adoption - Social Challenges and Laws in California - Case Study Example

Gay Parents’ Adoption: Social Challenges and Laws in California Introduction When a child is adopted, it is provided with a new home and family. Thechild gets new circumstances and better opportunities for education and development. In the past few decades, there has been growing debate in the United States regarding the lifestyle of gay and lesbian people. The topic has raised numerous questions which have been constantly discussed in various forums like the media, government houses and law courts. The issue of legalizing same sex marriages has been a controversial topic of discussion in legislative bodies. Recently, the topic has shifted to adoption of children by lesbian, gay, bisexual (LGB) couples. The principle issue of all such discussions has been how law should regulate the lives of same sex married couples and their adopted children. The topic has essentially been a challenging one for psychologists. In public forum, the issue is commonly related to religious terms and human rights. The major questions that arise are whether children adopted by gay or lesbian couples have any psychological or physical setbacks compared to those children who have been adopted by heterosexual couples. For psychologists, it is a challenge to provide uncontroversial answers to such vital questions. Research has shown that children from gay or lesbian families provide no reason for establishing discrimination against such adoptions. In America, adoption of children by gay or lesbian couples is increasing but at the same time gay men and lesbian women remain subjected to harsh scrutiny by the child welfare system. Challenges faced by LGB couples Throughout history, lesbian and gay people have shown interest in adoption of children. This has been accomplished in various ways. For instance, they have been part of extended families, they have become involved in formal or informal care for children, and so on. They have also attempted to hide their sexual orientation by engaging openly in heterosexual relationships while maintaining secret relationship with same sex partners. In the twentieth century, gay and lesbian people in Britain have been able to shed their inhibitions to a large extent so as to exhibit their relationship in an open manner. Today, the general level of tolerance and acceptance has increased, and in some spheres their participation has received protection against discrimination like some local authority employment. Gay and lesbians now do not hesitate to openly admit their relationships and they now live in own communities without hiding their identities. It has become more common, especially in big cities, that gay people “live as members of the community, being themselves and being open about their sexuality and relationships” (Hicks & McDermott, 147). One major element of their normal life includes adoption of children. It has become more convenient for these couples to adopt children than when they were afraid to disclose their sexual orientation due to social and legal prejudices. Adoption becomes even easier for lesbians than gay men since in many cases the former can become actual parents through self-insemination from known or unknown sources. It has been observed that inclination to adopt is greater among gay and lesbian couples than heterosexual couples, which makes them more valuable for fostering and adoption agencies. However, there still remains social perspective that such couples cannot become suitable parents. There have been many cases in Britain that demonstrate how these couples have been openly discouraged by agencies, and they have succeeded only through their “own determination and resilience” (Hicks & McDermott, 148). Significance of LGB couples as adoptive parents Unlike the regular couples for whom adoption comes as a choice when they are unable to have biological children, for LGB couple adoption is their first choice. Mallon (p.3) has suggested that agencies and social workers need to change their professional as well as individual attitude towards LGB parents’ adoption so that they can deal more favorable with the potential parents. Professionals need to overcome all the prevailing prejudices and wrong assumptions that have shaped such adoption rules and legislations. Moreover, they should alter their personal opinions regarding the matter and should not automatically assume that heterosexual couples can be better parents while LGB couples will be unsuitable for children. Such myths need to be discarded that sexual orientation of a person is a parameter for judging parental abilities. It is required that agencies and social workers study every individual irrespective of his or her sexuality to make judgement whether he or she is capable of taking care of a child. Researchers have found out that two elements influence the judgement of social workers. Firstly, there is dearth of sufficient information about the lifestyles of lesbian and gay men. Secondly, for LGB couples their sexuality becomes their only aspect of identity (Mallon, 3). Considering the fact that LGB couples play a more important role than heterosexual couples in adoption such elements should be properly handled. This is because most LGB people when they decide to live together as a couple their next step becomes adopting a child. On the other hand for the heterosexual couples, they take this decision when one or both the partners are infertile. In New Jersey, foster care officials give away homosexual teenagers to homosexual foster parents, although this practice is not formally adopted in the state. It was in 1975 that the first homosexual foster home was established. As of 1979, such homes were not acknowledged by any policy. In 1979, a lesbian couple had taken a 15-year-old runaway boy. When this was learnt by foster care officials, more homosexual children were offered to the couple. Foster parents can take care of runaway children under the supervision of the state and they get monthly allowance for each child (“N.J. putting gay youths.....”). Every year many homosexual youths escape to Los Angeles since they cannot adjust with other children of their heterosexual parents. In many cases, such boys do not get shelter since agencies do not have resources to feed them. In 1980, the policy that refused adoption to gay couples was withdrawn. Prior to this, gay couples hesitated to adopt homosexual children to avoid accusations of proselyting. Since 1980, gay couples are permitted to adopt homosexual children provided the couples are financially and emotionally competent to take care of the children (Japenga). Laws and rules for gay parents’ adoption According to 2004 records, there are about 6 million to 10 million children who have been adopted by LGB couples. As per US Censor Bureau 2004, one-third of lesbian couples and one-fifth of gay couples have children living with them (Mallon, 7). While making the vital decision of placing a child with a family, the most important thing considered by agencies and social workers is the welfare of the child. Therefore, while selecting a family it is important to consider whether the potential parents can satisfy the physical and psychological needs of a child which vary with each individual child. This is even more important since according to records more than half of the children needing adoption is above 9 years. Although sexual orientation of a potential parent is a criteria for consideration, in Child Welfare League of America (CWLA) this criteria is not exclusively stated. According to Section 5.8 of adoption standards “sexual preferences should not be the sole criteria on which the suitability of adoptive parents is based. Consideration should be given to other personality and maturity factors and the ability of the applicant to meet the specific needs of the individual child” (Mallon, 7). Since there is paucity of foster parents, the New York agency prohibits discrimination based on sexuality of couples. However, state laws are essentially neutral on the subject (Clendinen). CWLA of America considers the cultural aspects of child adoption and values all approaches toward adoption that meet the requirements of the country’s diverse population. The cultural aspects include the ability to take care of children, youth and GLBT families. After years of research and experiences, CWLA has agreed that “gay, lesbian and bisexual parents are as well suited to raise children as their heterosexual counterparts” (Mallon, 101). CWLA regularly revises its Standards of Excellence for Family Foster Care Services through a thorough and integrated process that indicates the child welfare agencies to consider all current and relevant issues. The agencies also need to investigate all ongoing controversies, review research results to produce the best theory. The Standard sets objectives for maximizing the welfare of children and their families by providing them best services, and it also compares the existing practice with what is most favorable for children and their families. The Standard does not emphasize the need of adult family members to be related to each other by blood, adoption or marriage. According to Section 3.18 of the foster care standards, “the family foster care agency should not reject foster parent applications solely due to their age, income, marital status, race, religious preference, sexual orientation, physical or disabling condition, or location of the foster home” (Mallon, 102). Permission should be granted to foster parent applicants if they are emotionally competent to take care of a child and have the resources to fulfill the needs of the concerned child. In a number of jurisdictions including California, adoptions are allowed without any restrictions to gay and lesbian couples. This came after it was legalized that in California, along with three other states, children can have two legal parents (Mallon). In October 2013, California Governor Jerry Brown signed a legislation that permits children of the state to have more than two legal parents. The purpose of this law is to prevent children from getting separated from any parent, and also it will help in cases where one of the partners of same sex couple decides to have a biological child with opposite sex. In such cases, all three parents will share financial responsibilities of the child (McGreevy & Mason). Court cases Babets v. Johnston was a 1985 case of removing a foster child from the care of a homosexual couple in Boston, Donald Babets and David Jean. They filed a case against the Gov. Michael S. Dukakis. Their fight was concentrated on removing a policy that virtually rejects all foster applications by gay or lesbian couples. There was another couple who joined this case since they were also not granted permission to adopt a child. Their argument was that adoption policies that consider sexual orientation of potential parents as criteria have no factual justification. The lawsuit argued that it is against human rights to ask a couple of their sexual preferences. At the same time, social workers association argued that the policy forces them to violate the norms of looking after the best interests of a foster child that excludes consideration of sexual orientation of applicant parents (“Homosexual Couple File Suit”). In the case Adar v. Darlene Smith, a gay couple Oren Adar and Mickey Ray Smith had adopted a child in 2006 who was born in Louisiana. Since the couple stays in New York, they requested an amended birth certificate in their state to remove the names of the biological parents. Although Louisiana has the regulation stating that an adopted child can receive a revised birth certificate, in this case the couple was refused the same by the Registrar Darlene Smith. Smith argued that the child was adopted by a gay couple who were not married, and in Louisiana children were not allowed to be adopted by unmarried couples. She however agreed to include one partner’s name in the certificate since Louisiana allows adoption by single parents. The District court ruled in favor of the couple on their “full faith and credit” claim (“Oren Adar Mickey Ray Smith v. Darlene Smith”). Conclusion Historically, there has been a dearth of dedicated adoptive parents in the United States. LGB couples often face various challenges in their adoption processes. Studies have proved that LGB parents exhibit gratitude and meaningful parenting proving that they are eligible for adopting children. However, LGB couples face several challenges which include uncooperative and reluctant social workers. Moreover, most laws and legal formalities obstruct the process of foster parenting by LGB couples which is the first step towards adoption. The underlying problem is that the system refuses to acknowledge the important role that LGB parents can play in a country’s adoption process. References Clendinen, Dudley, “Homosexual Foster Parents Debated”, New York Times, May 19, 1985, May 10, 2014 Based on an example of a Boston couple, this article is about the challenges that gay couples faced back in the 1980s when they desired to adopt children. Although emphasis was on non-discrimination of foster parents, the laws essentially remained neutral. Hicks, Stephen & Janet McDermott. Lesbian and Gay Fostering and Adoption, CWLA, 2006 This book provides the experiences, both good and bad, of lesbian and gay parents based on their interviews. It allows readers to explore the misconceptions surrounding parental abilities attached to sexual orientation. “Homosexual Couple File Suit”, New York Times, February 2, 1986, May 10, 2014 This article informs about a 1985 Boston court case of Babets v. Johnston. A few days after receiving a foster child, it was taken away on the grounds of legal policies that prohibited gay couples from adopting a child. Japenga, Ann, “Foster homes for young gay runaways”, Los Angeles Times, May 14, 1980, May 10, 2014 Many homosexual youth escape from their families to Los Angeles hoping for a better life. Although most of them do not receive any kind of help, there are many who end up in the custody of gay couples mostly after the policy that refused adoption to such couples was withdrawn in 1980. Mallon, Gerald P. Lesbian and Gay Foster and Adoptive Parents, CWLA Press, 2006 This is a great reference text for LGB couples who are planning to apply for child adoption. The author, based on his association with federal and state leaders, has put forward the need of anti-discrimination policies in adoption processes. McGreevy, Patrick & Melanie Mason, “Brown signs Bill to allow children more than two legal parents”, Los Angeles Times, October 4, 2013, May 10, 2014 from: http://articles.latimes.com/2013/oct/04/local/la-me-brown-bills-parents-20131005 This article tells that California now has a law permitting children to have more than two legal parents. This will prevent children from getting separated from any parent. “N.J. putting gay youths in homosexual foster homes”, Los Angeles Times, November 27, 1979, May 10, 2014 In New Jersey homosexual teenagers were placed with homosexual foster parents although such policy was not accepted in the state. Many kids fail to adjust with their families and so escape, and they are cared by foster parents under the state’s supervision. “Oren Adar Mickey Ray Smith v. Darlene Smith” Findlaw, April 12, 2011, May 10, 2014 from: http://caselaw.findlaw.com/us-5th-circuit/1563167.html This is a court case Adar v. Darlene Smith in which a gay couple was refused an amended birth certificate for their adopted child on the ground that adoption is not allowed to unmarried couples. The District Court however ruled in their favor. Read More