Adoption Alberta Registry
Adoption Alberta Registry
LGBT adoption is the adoption of children by lesbian, gay, bisexual and transgender (LGBT) people. Adoption by same-sex couples is currently legal in many countries throughout the world.
Adoption of children by LGBT people is an issue of active debate; legislation to stop the practice has been introduced in the United States although such efforts have largely been defeated. There is agreement between the parties, however, that the welfare of children alone should dictate policy.
Legal status around the world
Adoption by same-sex couples is currently legal in the following countries:
- Andorra (2005)
- Belgium (2006)
- Denmark (2009)
- Iceland (2006)
- Netherlands (2001)
- Norway (2008)
- South Africa (2002)
- Spain (2005)
- Sweden (2002)
- United Kingdom: England and Wales (2005), Scotland (2009) and Northern Ireland (unclear).
- Uruguay (approved in 2009, not effective yet)
Adoption by same-sex couples is currently legal in the following jurisdictions:
- Australia: Western Australia (2002) and Australian Capital Territory (2004)
- Canada: Ontario (1995, 1999), British Columbia (1996), Saskatchewan (1998, 2001), Nova Scotia (2001), Manitoba (2002), Newfoundland and Labrador (2002), the Northwest Territories (2002), Quebec (2002) and New Brunswick (2007).
- Mexico: Mexico City (2010)
- United States: the District of Columbia (1995), New Jersey (1998), New York (2002), Indiana (2006), Maine (2007), California, Connecticut, Illinois, Massachusetts, Oregon, Vermont, and the unincorporated territory of Guam.
In the following countries, "stepchild-adoption" is permitted, so that the partner in a registered partnership (or unregistered cohabitation in Israel) can adopt the natural (or sometimes even adopted) child of his or her partner:
- Finland (2009)
- Germany (2004)
- Greenland (1999)
- Israel (2000, 2005)
In the following jurisdictions, "stepchild-adoption" is permitted, so that the partner in a civil union can adopt the natural (or sometimes even adopted) child of his or her partner:
- Australia: Tasmania (2004)
- Canada: Alberta (1999)
- United States: Pennsylvania (2002)
Europe
In February 2006, France's Court of Cassation ruled that both partners in a same-sex relationship can have parental rights over one partner's biological child. The result came from a case where a woman tried to give parental rights of her two daughters to her partner whom she was in a civil union with. In the case of adoption, however, in February 2007, the same court ruled against a lesbian couple where one partner tried to adopt the child of the other partner. The court stated that the woman's partner cannot be recognized unless the mother withdrew her own parental rights.
In 1998, a nursery school teacher from Lons-le-Saunier, living as a couple with another woman, had applied for an authorization to adopt a child from the département (local government) of Jura. The adoption board recommended against the authorization because the child would lack a paternal reference, and thus the president of the département ruled against the authorization. The case was appealed before the administrative courts and ended before the Council of State, acting as supreme administrative court, which ruled against the woman. The European Court of Human Rights concluded that these actions and this ruling were a violation of Article 14 of the European Convention on Human Rights taken in conjunction with Article 8.
On June 2, 2006, the Icelandic Parliament voted for a proposal accepting adoption, parenting and assisted insemination treatment for same-sex couples on the same basis as heterosexual couples. No member of the parliament voted against the proposal. The law went into effect on June 27, 2006.
Middle East
A January 2005 ruling of the Israeli Supreme Court allowed stepchild adoptions for same-sex couples. Israel previously allowed limited co-guardianship rights for non-biological parents. Then in February 2008, a court in Israel ruled that same-sex couples are now permitted to adopt a child even if that child is not biologically related to either parent. This marked a watershed in granting equal rights to all gay people in Israel. Isrealli, the official blog of the State of Israel, frequently publishes updates on gay adoption news in Israel. The site also has a complete timeline of gay rights milestones in Israel.
North America
In the U.S., states may restrict adoption by sexual orientation or marital status. However, a federal judge ruled in Adar v. Smith that states must recognize out-of-state adoptions that, if performed in-state would be illegal per the Full Faith and Credit Clause. In the U.S., there are 270,000 children living with same-sex couples. Of these, one-quarter, or 65,000, have been adopted.
Utah and Florida are among the states that historically imposed more stringent restrictions of LGBT adoption. Utah prohibits adoption by "a person who is cohabiting in a relationship that is not a legally valid and binding marriage," making it legal for single people to adopt, regardless of sexual orientation, so long as they are not co-habitating in non-marital relationships.
In Florida, however, the statute forbidding adoptions by gays was struck down by Judge Cindy Lederman in November 2008. In her opinion, Lederman said the law violated equal protection rights for the children and their prospective gay parents; adding that there was no rational basis to prohibit gay parents from adopting, particularly since the state allowed them to act as foster parents. The state is appealing Judge Lederman's decision. The case, In re: Gill , is pending before the Third District Court of Appeals, which heard oral argument on August 26, 2009. During the appeal process, Florida state adoption application forms continue to require prospective adoptive parents to assert that they are neither homosexual nor bisexual.
On November 4, 2008, Arkansas voters approved Act 1, a measure to ban anyone "co-habitating outside of a valid marriage" from being foster parents or adopting children. Although the law could apply to heterosexual couples, it is believed to have been written to target gay couples due to the fact that same-sex marriage is prohibited in that state, thereby making an adoption impossible Single gay men and lesbians are still allowed to adopt in Arkansas.
As adoptions are mostly handled by local courts in the United States, some judges and clerks accept or deny petitions to adopt on criteria that vary from other judges and clerks in the same state.
In Canada, adoption is within provincial/territorial jurisdiction, and thus the law differs from one province or territory to another. Adoption by same-sex couples is legal in Ontario, British Columbia, Saskatchewan, Nova Scotia, Manitoba, Newfoundland and Labrador, the Northwest Territories, Quebec, and New Brunswick. In Alberta, private adoptions and stepchild adoption were allowed in 1999. January 2006 was the first time a child in care of the Alberta government was placed for adoption with a same-sex couple, Lance Anderson and Blair Croft of Edmonton. In the Yukon, the law regarding adoption is ambiguous. NDP MP Libby Davies, has campaigned for national uniformity when it comes to same-sex adoption.
In Mexico City, the Legislative Assembly of the Federal District passed legislation on 21 December 2009 enabling same-sex couples to adopt children. Eight days later, Head of Government ("Mayor") Marcelo Ebrard signed the bill into law, which officially took effect on 4 March 2010.
South America
In Uruguay, same-sex couples can jointly adopt. A government-sponspored adoption law allowing LGBT adoption was approved by the lower house on 28 August 2009, and by the Senate on 9 September 2009. According to Equipos Mori Poll's, 53% of uruguayans oppose to same sex adoption against 39% that support it. Interconsult's Poll made in 2008 says that 49% oppose to same sex adoption against 35% that support it.
Oceania
In Australia, same-sex adoption is legal in the Australian Capital Territory and Western Australia, while only biolological adoption (regardless of type of couple) is possible in Tasmania. The lesbian co-mother or gay co-father(s) can apply to the Family Court of Australia for a parenting order, as 'other people significant to the care, welfare and development' of the child. But the lesbian co-mother and gay co-father(s) will be treated in the same way as a social parent is treated under the law; they will not be treated in the same way as a birth parent. In May 2007, the Victorian Law Reform Commission in Victoria released its final report recommending that the laws be modified to allow more people to use assisted r
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