Second parent adoption

Legal status of adoption by same-sex couples around the world:
  Joint adoption allowed
  Second-parent adoption allowed
  No laws allowing adoption by same-sex couples

The second-parent adoption or co-parent adoption is a process by which a marriage partner can adopt her or his partner's biological or adoptive child without terminating the first legal parent's rights. This issue is of significant importance in the context of the LGBT adoption.

In the United States, second-parent adoption was started by the National Center for Lesbian Rights (formerly the Lesbian Rights Project) in the mid-1980s.[1] California (2003 [2]), Connecticut, Illinois, Maine,[3] Massachusetts (1999[4]), New Jersey, New York, Pennsylvania, Vermont (1993[5][6] ), Washington State and Washington, D.C. explicitly allow second-parent adoption by same-sex couples statewide, either by statute or court ruling.[7] As of May 2007, Colorado allows second-parent adoption by same-sex couples.[8] As of 2013, the Michigan law allowed second-parent adoption for married couples, while banning same-sex marriage.[9] The latter ban was struck down by the Supreme Court in 2015.

Courts in many other states have also granted second-parent adoptions to same-sex couples, though there is no statewide law or court decision that guarantees this. In fact, courts within the same state but in different jurisdictions often contradict each other in practice.

The American Medical Association supported second parent adoption by same-sex partner,[10] stating that lack of formal recognition can cause health-care disparities for children of same-sex parents.

The American Academy of Pediatrics supports second parent adoption. [11][12]

In July 2011, The Ministry of Labour, Family and Social Affairs of Slovenia stated that the existing law allows for second-parent adoption. [13][14]

In the context of LGBT adoption and parenting in Australia, As of 2008, the best option was to apply to the Family Court of Australia for a parenting order, as ‘other people significant to the care, welfare and development’ of the child. It provides an important "status quo" if the birth mother were to die, preventing other family members from taking immediate custody of the child.[15][16]

See also

References

  1. ↑
  2. ↑ Sharon S. v. Superior Court (2003) 31 Cal.4th 41
  3. ↑ gaycitynews: Maine Supreme Court:Gay couples can adopt Archived 2008-02-04 at the Wayback Machine.
  4. ↑ A biofraphy of Anne Stanback
  5. ↑ Wong, Doris Sue (June 19, 1993). "Vt. court rules woman may adopt children of her lesbian partner". Boston Globe. Retrieved August 8, 2013.
  6. ↑ Moats, David (2004). Civil Wars: A Battle for Gay Marriage. Harcourt Books. pp. 96–7.
  7. ↑ HRC | Page Not Found Archived 2008-06-06 at the Wayback Machine.
  8. ↑ Gay adoption is law : Colorado Government : The Rocky Mountain News
  9. ↑ "National LGBT Groups Encouraged Court To Delay Michigan Marriage Case" (retrieved December 11, 2017)
  10. ↑ "H-60.940 Partner Co-Adoption, H-65.973 Health Care Disparities in Same-Sex Partner Households "AMA Policy regarding sexual orientation"". Ama-assn.org. Archived from the original on 19 October 2013. Retrieved 16 March 2013.
  11. ↑ "Coparent or second-parent adoption by same-sex parents". Pediatrics. 109 (2): 339–40. February 2002. PMID 11826219.
  12. ↑ "Policy Statement—AAP publications retired and reaffirmed". Pediatrics. 124 (2): 845. August 2009. doi:10.1542/peds.2009-1415. PMID 19651598.
  13. ↑ "Confronting Homophobia in Europe" (PDF). Retrieved 2013-10-10.
  14. ↑ "First Adoption by Gay Partner of Child's Parent". www.sloveniatimes.com. Retrieved 2017-02-26.
  15. ↑ "Same Sex, Same Entitlements". Human Rights and Equal Opportunity Commission. Retrieved 13 May 2008.
  16. ↑ "Is second parent adoption possible in Australia?". Gay & Lesbian Rights Lobby. Archived from the original on 19 July 2008. Retrieved 13 May 2008.
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