Legal Issues For Gay And Lesbian Adoption And Parental Rights

1626 Words Oct 19th, 2015 7 Pages
MEMORANDUM

To: Cecilia DeSilva Selbrede, JD
FROM: Faith Carter
DATE: October 13, 2015
RE: Legal Issues for Gay and Lesbian Adoption and Parental Rights
Issue
Although adoption can be difficult for any single person or married couple, adoption for the gay and lesbian population presents a unique set of challenges both societal and legal. Whether constitutional or not, special rules apply to same gay and lesbian adoption. Under current legislation, is same sex adoption fully legal and how do the laws on the subject measure with regard to equality to adoption among heterosexual couples in the same state? Once the issue of adoption is overcome what happens with regards to parental rights once the homosexual union is dissolved or the couple parts ways?
Brief Answer
Gay and lesbian adoptions laws vary by state as do laws regarding parental rights upon dissolution of a heterosexual union or relationship. Translation and practice of these laws can even vary between different counties in the same state. With this in mind members of the gay and lesbian community must find the most legally binding way to protect their parental rights within the state in which they reside or any state that in which they may reside in the future. Even in with the establishment of the new laws legalize marriage among gay and lesbian citizens; adoption is still a subject with some blurred lines.
FACTS
It is imperative that non biological parents should do their due…

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