Same Sex Parenting and Adoption

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Adoption for same sex couples is a very controversial topic in Family Law, and often same sex couples face many unique issues if they wish to adopt. Many states have different laws that apply for gay and lesbian adoption, as opposed to heterosexual couples. Several states also have special rules that apply when a child is born into a gay or lesbian partnership. Gay and lesbian couples may sometimes opt to bring a child into their lives through conception and birth as well. For a lesbian couple, this is usually done through a male donor or a sperm bank and having one of the couple become pregnant. Similarly, gay men may use a surrogate mother and then become a legal parent through adoption. The other parent then can become a legal second parent through stepparent or second parent adoption. However, many states including Virginia don’t allow second parent adoption.

The definition of a legal ‘parent’ is (n.) the lawful and natural father or mother of a person. The word does not mean grandparent or ancestor, but can include an adoptive parent as a replacement for a natural parent. Adoption laws vary from state to state, and there are some states that do allow lesbian and gay couples to adopt children as legal, joint parents. Gay and lesbian couples in these states can go through adoption agencies in order to adopt, personally arrange their adoption, or even adopt internationally.

In many states, however, stepparent, second parent or even joint adoption is not an option for gay and lesbian couples. Although the Commonwealth of Virginia does not have a law in place that prohibits same sex couples from adopting a child, it is usually a very hostile situation and it may be very difficult in many occasions for gays and lesbians to ...

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...he way society will treat the child, the psychological effects on the child and the child’s well being and safety above all are the main factors that the courts should look at when dealing with this issue.

As previously stated the issue of same sex adoption is one of the most controversial topics in today’s Family Law across the country and with good reason. Given that this involves the upbringing of human beings who are the future of our society, it is extremely important to make sure that they are given the best care and best influences in their lives in order to make good moral and educated decisions in their future lives. Same sex parenting may not be as bad as society has made it seem but it absolutely has to be socially and scientifically proven before any more steps are taken in this matter because, after all, it is in the “best interest of the child.”

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