Legal and Policy Overview of Lesbian and Gay Parenting
Many states have moved to safeguard the interests of children with gay or lesbian parents. For example, at least twenty-one states have granted second-parent adoptions to lesbian and gay couples, ensuring that their children can enjoy the benefits of having two legal parents, especially if one of the parents dies or becomes incapacitated. Earlier this year, the New Hampshire legislature repealed its fifteen-year old ban on lesbian and gay adoption, after hearing extensive testimony from childrens advocates that the policy was misguided.
Recognizing that lesbians and gay men can be good parents, the vast majority of states no longer deny custody or visitation to a person based on sexual orientation. State agencies and courts now apply a "best interest of the child" standard to decide these cases. Under this approach, a persons sexual orientation cannot be the basis for ending or limiting parent-child relationships unless it is demonstrated that it causes harm to a child -- a claim that credible social science research simply does not support.
Nonetheless, a few states -- relying on myths and stereotypes -- have used a parents sexual orientation to deny custody, adoption, visitation and foster care. Florida remains the only state with a law that expressly bars lesbians and gay men from ever adopting children. The ACLU is challenging that law in a suit filed in May of this year. Arkansas, like Utah, passed an administrative policy last year prohibiting lesbians, gay men, and those who live with them from serving as foster parents. The ACLU is also challenging the Arkansas policy. Thus Utah joins a distinct minority of states that are out of step with national standards and practices in this field, as defined by groups such as the Child Welfare League of America (click here to find out what the experts have to say about gay and lesbian adoption).
