Laws and Regulations
Laws have recently become the deciding factor for who is legally able to have a family. This is one of the most differentiating dissimilarities that these two families endure. In “How Law Shapes Experiences of Parenthood for Same-Sex Couples,” by Nicolas Park, Emily Kazyak, and Kathleen Slauson-Blevins the impact on the law has on gay, lesbian, and bisexual(GLB) parents is discussed. This represents the view from the United States perspective, as the study was done in California and Nebraska: “Law impacts the method gay men and lesbians use to become parents and their subsequent experiences as a family” (Park 121). Because, of these laws, so early in the process of making a family, the wellbeing of the child is ultimately …show more content…
The daily life of children in homosexual families will help to further advance a better understanding of the daily family life of children with parents of the same sex. Research shows that children within these same-sex families have an “inclusive and flexible” (Bosisio 9) representation of family. Along with this representation in, “Peer Relations Among Adolescents With Female Same-Sex Parents” this “suggests that important decisions about adolescent lives (such as custody determinations) should be made not on the basis of parental sexual orientation, but by focusing instead on the qualities of adolescents’ relationships with parents” (Wainright 125). Quality of parent-child relationship is an important factor in any family. As this is seen as a similarity between the heterosexual and homosexual families, there is also that one up that a statement has to be made about child on behalf of their parent’s sexual orientation. “Children are uniquely vulnerable. A range of international human rights laws aim to protect the family rights of children and recognise that the family often makes a vital contribution to the happiness and security of children’s lives” (Hodson 519). Children in general do not have a choice to what type of family dynamic they become involved in. Whether they are born into a family, or adopted into one, it is not based on the choice of the child. Because of this, the happiness of these children comes into question. A valid family by law is not continuous throughout the world, so if the family is not recognized as real, it effects the children, and leads them to question then what they are. In opposition to Bossio’s claim that children have a inclusive and flexible description of family is the work of Jacky Coates’ and Richard Sullivna’s, “Achieving Competent Family Practice with Same-Sex Parents,” they claim that “we do not yet live in a post-heterosexist world, and
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This article talks about the support of second parent adoption for gays everywhere. They support the idea that children with two capable adults no matter what gender are able and should be able to care for a child. Although they support this, the article does not show any sort of negativity toward the opposite side relating the issue. The site details the rights that the second parent should be guaranteed through an adoption. They also think that pediatricians and other professions dealing with children should get more familiar with learning about gays and the children they adopt. The authors are the Committee on Psychosocial Aspects of Child and Family Health. The people in the committee have many different backgrounds and are advocates for children’s
Arguments for gay and lesbian families is a concern for the sanctity of marriage is often accompanied by a discomfort with the idea of gay and lesbian families, based on misinformation about the quality of those relationships and their impact on children (Kimmel 184). Arguments that support gay and lesbian families are mainly focused on having the same equal rights as heterosexuals. Many gay and lesbian couples want to get married because of the benefits they acquire such as the right to inherit from a spouse who dies without a will, the right to consult with doctors and make crucial decisions (Kimmel 184). A meta analysis of social studies of gay and lesbian parenting suggests that children are more accepting of homosexuality and maybe more likely to indicate a willingness to consider homosexual relationships themselves (Kimmel 186). Another great example is daughters of lesbian and gay parents are more assertive, confident, and ambitious, and sons are less conforming to traditional masculine aggression and domination and have a better understanding of their gender identity (Kimmel
We have all seen the classic television scene, where a happy family consisting of one mother, one father, and two children is hovered around a table or a couch. Although still prominent, this scene is becoming less common nowadays as more families become non-traditional. More families than ever are consisting of one mother and children, one father and children, grandparents and children, and even two mothers or two fathers and children. These households, although not what most people consider a normal household, are becoming more common and regular in today’s society. Homosexual parents and families are indeed different from more traditional families, but not for the worse. This trend is not increasing
All families face challenges in their everyday life. For some, the challenges are easier to handle while for others, surmounting those challenges can be more difficult. Over the years, the LGBT community in the US has faced many hurdles. Whether it’s the legalization of same-sex marriage to adoption rights to alimony, child support and child custody in case of divorce, legislation specific to gay and lesbian couples still has a long way to go.
Same-sex parenting is taken both in positive and negative sense but even then it is regarded more as a family issue. There is a concept that where lives a same-sex couples, there must be children raised by them. Then it comes to mind that which sort of children? Such children may be divided into three groups: (Kurtz, 2004)
The unjust and prejudicial treatment of different categories of people, especially on the grounds of race, age, or sex is discriminating; according to the Oxford dictionary. This term does not empower them, but instead make people feel powerless. Same-sex couples in particular, who are looking to adopt, feel unequal to their heterosexual associates. In relation to adoption, there shouldn’t be preference to heterosexual couples over same-sex couples. Adoption typically is not an easy process, but when it comes to people of the same sex trying to adopt, what seems to be as simple as to buying a puppy, is very intimidating and discouraging. The laws that govern these decisions do not help at all. The inconsistency amongst all of the states in America makes the process even more challenging, to the point where couples give up. Same-sex couples who are fortunate enough to be allowed by the courts to adopt, are still being judgmental. The judgments are based on their parenting abilities and the effects their lifestyle they live, whether it will have a negative backlash on the children. The intention of my analysis on same-sex adoption is to examine some of the bifurcation and the challenges that these individuals encounter while trying to legally adopt a child.
Interestingly, a recent case has further infringed upon the ability of gay partners to adopt a child in their marriage, thus highlighting the precarious legal status of a gay parent. In the case of Amalia C. and Melissa M., “Brooklyn Surrogate’s Court judge, Margarita López Torres, ruled on Jan. 6 that because New York State had enacted same-sex marriage in 2011 and allowed both women to be listed on the boy’s birth certificate, Amalia was already the child’s parent and could not adopt him.” (McKinley) This ruling has been troubling to gay rights advocates “because the presumption of parentage may not be respected if they leave the state,” according to Susan Sommer, a lawyer with the Lambda Legal Defense Fund (McKinley). Judge Torres, however, has stated openly that her reason for the ruling was because it places gay marriage on a separate footing from traditional marriage and while she is sensitive to the needs of those whose marriages may not be recognized in another state, she must abide by the laws of New York, which do not allow a heterosexual spouse to adopt a stepchild (McKinley).
“There is no scientific basis for concluding that lesbian mothers or gay fathers are unfit parents on the basis of their sexual orientation” (Armesto, 2002; Patterson, 2000; Tasker & Golombok, 1997). Ever since gay and lesbians have been parents people have questioned how the parents’ sexual orientation impacts child and adolescent development. Opponents of same-sex parents argue that sexual orientation has a negative impact on child development, while proponents argue that the relationship between the child and parents is what matters. National, state, and local governments are faced with the controversy surrounding same-sex parenting. People have very strong opinions on both sides of the argument. Children and adolescents who are under lesbian or gay parents have normal child development compared with children under heterosexual parents. These children develop normally socially, mentally, and academically.
Transforming Law 's Family is a book that examines the specific difficulties confronted by planned lesbian families as they endeavor to characterize their parental rights and explore a family legal framework that does not generally grasp option types of parentage. Fiona Kelly, an associate educator in the faculty of law at the University of British Columbia is the author of the book. With her critical awareness of the law’s breaking points, joined empirical research, and hypothetical engagement, to argue the lawful issues raised by lesbian parenthood, focusing principally on legal parentage. The book is broken down into six chapters. the first chapter discuss the legal and social context of planned lesbian parenthood , the second chapter talked about the terms of gay and lesbian family social
Gay parents are facing discrimination because of their sexual orientation. Twenty-two states currently allow single gays to adopt and 21 states currently allow gay and lesbian couples to adopt in the U.S. (Mallon, 2007, p. 6). The ability of gay couples to rear a child should not be denied only because they are gay. Homosexuals may be looked down upon by society, but they still are humans and have morals. These morals they possess, may influence a child more than those morals taught to a child with heterosexual parents. All over the world, children suffer in families consisting of alcoholics, drug abusers, and sexual abusers (Powell, 2007, p.1). It is not possible that these environments are safer than what would be provided by homosexual
Investigations done by Webb & Chonody (2012) cover a range of issues in their article that explore considerable legal discrimination that presents influential predictors of attitudes in the laws on artificial fertilization procedures, surrogacy, assisted reproduction, adoption and foster care research indicates that parenting practices in same-sex headed families are at least as favorable as those families in heterosexual headed families and have positive family experiences (Webb & Chonody, 2012). Webb and Chonody (2012) further point out that whilst the law does not recognize legal parentage of non-biological parenting, it has not stopped the formation of families. The review notes that the lack of recognition of formal structures however
The parenthood process for non-heterosexual families is complex and most of the time enables them to become parents through surrogates, adoption and or one of the partners already conceived a baby from a prior heterosexual relationship. In addition, the laws that pertain are more strictly targeted to same-sex families as oppose to heterosexual families (Kazyak, p. 189, 2015). Legal information these families obtain (both heterosexual and non-heterosexual) can vary depending on where they decide to do their search and the status they have as well. For instance, families who are high in class or are more economically stable are more likely to have less attention from the legal system. Families that do not enable a higher class, or income acquire
“If it was me,” declares Texas legislator Robert Talton, “I would rather [leave] kids in orphanages as such – this is where they are now if they’re not fostered out. At least they have a chance of learning the proper values” (Sanchez). Such a mindset betrays Talton’s ignorance of children raised in same-sex households. The blame does not solely fall on him though; many people in the world today are in the dark about whether or not to allow gay and lesbian parents to adopt children. Many research studies conclude that children are not adversely affected in any way from growing up in homosexual households; however, the fight for same-sex parents to be joined in marriage goes on, not only for the parent’s benefit, but to the benefit of the
In the United States, every child has the right to develop healthily, and with the ever growing number of kids without a family to look after them, they deserve to receive a warm welcome by whoever would accept them as their own. Foster care children in particular already struggle greatly due to loss and trauma. In more awful circumstances, vast amounts of youth will age out of the foster care system and fall into the risk of becoming jobless or homeless. This information in mind should be enough to make changes accordingly in order to prevent such consequences. The thousands of children waiting to be adopted have raised an argument among the public about whether same-sex couples should have the same adoption rights as straight couples. Progressive change has already been achieved with the legalization of same-sex adoption throughout all 50 states, but many still oppose the ruling and restrictions exist in some areas when it comes to fostering. For this nation to truly stand for social equality and provide for its youth, a parent’s sexuality should not have be a determining factor in the adoption process.
Nowadays, the question of gay marriage is one of the most heated and controversial. Over the years, same-sex couples are fighting for the legal recognition for their marriages and their right as parents. Parenthood is one of the most valuable experiences in a human life. After finding a partner, it is natural for people to want to raise children. Homosexual parent are the same in ability and commitment to raised healthy children. It would be a big step for improvement in our society to provide necessary support and rights for same-sex couples and their children.