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| The Kids are Alright (2010) |
United States
About a year ago, the Arkansas Supreme Court unanimously ruled that a ban that prohibited adoption and foster parenting by any person “cohabitating with a sexual partner outside of marriage” violated the state constitution. Citing the importance of privacy rights, this ruling gives non-married, lgbt couples a chance to adopt in Arkansas. (http://www.keennewsservice.com/2011/04/07/arkansas-supreme-court-strikes-down-adoption-ban)
There are many different ways that an lgbt couple might try to start a family (see chart). A single, lgbt individual may petition to adopt, a same-sex couple may jointly petition, or a same-sex partner may petition to adopt partner's child, called second-parent /step-parent adoptions. However, all of these options have met significant barriers in state legislation and state courts and these options have often been shut down.
With the exception of a few states, most states allow single lgbt people to adopt. However, the obvious problem with this is that the other parent gets no parental rights for their child. Furthermore, the couple might find themselves forced to lie to the state and end up losing their child if the state was to find out that the parent that adopted the child is actually in an lgbt, cohabiting relationship. The second option, joint-petitioning, can be initiated in 17 states but it has only been successful in one state, Minnesota. The last option, second-parent adoption, varies greatly by state.
Second Parent Adoption in more detail: About half of the states in the US allow second-parent adoptions where the unmarried partner of a legal parent may apply for parental rights. In other states, courts have ruled second-parent adoptions to be illegal.
source: hrc.org
Dark Blue: States where second-parent adoption is an option. Arkansas, California, Colorado, Connecticut, District of Columbia, Illinois, Massachusetts, New Jersey, New York, Pennsylvania and Vermont
Light Blue: States where same-sex couples have successfully petitioned for second-parent adoption. Alabama, Alaska, Delaware, Hawaii, Iowa, Louisiana, Maryland, Minnesota, Nevada, New Hampshire, New Mexico, North Carolina, Oregon, Rhode Island, Texas and Washington.
*In our own lovely state of Ohio (and Kentucky & Nebraska), second-parent adoptions have been ruled against in state courts.
In 2007 there were 270,000 children in the US who lived with same-sex couples (Williams Institute). One fourth, or 65,000, were adopted. This leaves parents in many states legally unrecognized or severely disadvantaged including but not limited to custody battles, medical care, tax exemptions, and overall discrimination.
Germany
Unlike the US, Germany has federal policies that structure lgbt adoption rights. Overall, Germany’s policies are more liberal than the US because the nation guarantees certain rights on a federal level. However, because their policies are determined federally, they can also be more restrictive at times. Where in the US certain rights can be granted on a state basis, it takes the whole nation’s agreement in Germany to pass lgbt rights.
Like the US, in Germany, single, lgbt individuals may petition to adopt. Unlike the US, second-parent adoptions were ruled constitutional on a federal level in 2004. However, same-sex couples are not allowed to jointly-petition to adopt in Germany.
In 2009, the Germany’s highest court confirmed the right to second-parent adoption. The case challenged the lgbt-friendly law on the grounds that the adoption would “undermine the rights of the other biological parent.” In a liberal manner, the court ruled that “the role of a child’s parent is not only determined by his or her biological progenitor but based on the social-familial community caring for the child,” (http://www.pinknews.co.uk/2009/08/27/germanys-highest-court-approves-adoption-by-mothers-lesbian-partner).
Just take that in for a second. The highest court in Germany has said that the role of family cannot be defined primarily on biological grounds. Family, as they asserted, is defined also by who has cared for the child. Imagine if the US Supreme Court had said that!
In a country where lgbt persons can register federally for civil unions (called partnerships), the lgbt population of Germany has obtained most of the rights of marriage and adoption excluding joint-adoption rights and equal tax benefits.
Summary:
Single Parent Adoption
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Second Parent Adoption
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Joint Adoption
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United States
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Yes (mostly)
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Varies by State
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No
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Germany
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Yes
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Yes
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No
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So what is up with these crazy, all over the place lgbt adoption rights??? Here are some questions to get you thinking.
1) Do you think the US or Germany has "more liberal" lgbt adoption rights? Which country would you want to live in if you were going to adopt as an lgbt couple?
2) Traditionally, the family has been defined by biological factors. But with divorce rates rising and the importance of religious factors decreasing, how exactly should we define family? Are there negative repercussions of using Germany's non-biological model of family?
3) But most importantly... What social/political/economic forces in the US and Germany have prevented both countries from allowing lgbt joint-adoption? Whats the big problem with this option? Do you foresee this changing in the near future?
2 comments:
1) I don't really think that you can decide which country has 'more liberal' LGBT rights. In the U.S. rights change every single day....look at Prop. 8 for example. It's such a toss up in the U.S. you could end up in a state that recognizes joint parent adoptions or you could end up in a state that only recognizes second parent adoptions. In Germany is very cut and dry; you have these rights but you don't have those rights. It's hard to say which country I would choose to live/adopt in....I'm only 20... but I am gay....kids aren't really in my future plans just yet.
2) I feel like family should be defined as it was in the 2009 Germany court case, "the role of a child's parent is not only determined by his or her biological progenitor but based on the social-familial community caring for the child." Also, sometimes children aren't cared for by parents, sometimes it is older siblings, aunts, uncles, step parents, grandparents, etc. A family isn't just a mom and a dad. A family is a group of people who care for and love each other.
3) OBVIOUSLY RELIGION IS THE ISSUE. People in the United States who do not support LGBT rights (primarily adoption) cannot set religion aside from their societal/political views. Why is the government able to dictate who can marry and who can adopt? Crack-heads and abusive parents are allowed to have children but two gay dads cannot adopt children no matter how many social work visits they pass with flying colors?
Yeah I understand where you are coming from Mara. To me, this issue seems to revolve around the idea that family is something that can be destroyed or polluted.
The "family" has been used throughout history to control. During colonialism family was used to limit social mobility and promote racism. (Read Ann Stoler!) In the 19500s the idea of the family excluded inter-racial couples. The idea of family has never been pure and lgbt adoption is certainly not the worst thing that has happened to marriage!
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