Adoption laws outdated
Gay couples face hurdles in the struggle for children
Abby Harvey
Issue date: 9/3/09 Section: Editorial/Opinion
I am the proud aunt of four little nieces and one little nephew. All of them were lucky enough to be born into a loving family that could take care of them. Not all children are this lucky.
Nationally, just more than 115,000 children in foster care are waiting to be adopted. Over 1,200 of these children are residents in Wisconsin, according to www.kidsarewaiting.org.
Recently, an adoption case in Florida has caught a lot of attention. The case is that of Martin Gill, the foster father of two young boys, referred to as John and James. John and James were put in foster care after being taken from an abusive and neglectful home.
They were placed with Gill and his partner. In Florida, it is legal for a gay couple to foster children, but it is the only state where it is illegal for gay people to adopt in any way.
John and James have been living with Gill for a few years and have now been put up for adoption.
The case went through court Wednesday and surprisingly, the court supported Gill, agreeing that he's an excellent parent, that the boys have bonded with the family and that moving them would be detrimental.
The court agreed with the 30 child welfare and legal groups that support Gill. However, they also stated that while they disagree with the law that is preventing Gill from adopting John and James, they have to uphold it.
There is a general consensus that the case will end up in the Supreme Court. We can only hope that they will agree that the law is unconstitutional.
In an article published in the Miami Herald Saturday, Adam Pertman, who heads the Evan B. Donaldson Adoption Institute, said there is no evidence that shows it is harmful for children to be raised by gay or lesbian parents.
While, as I've stated, Florida is the only state that completely prohibits adoption by LGBT couples, several other laws elsewhere in the country make it difficult. In several states it is illegal for single (unmarried) people to adopt. This is an issue, being that these couples are not allowed to marry.
In Wisconsin, while it is legal for same sex couples to adopt, the laws on joint adoption are a bit fuzzy.
This means that due to red tape, unmarried same sex couples may not be able to adopt together. The child would legally only have one parent.
Another form of same-sex adoption is referred to as second-parent adoption and this is prohibited in Wisconsin. In this form of adoption, one parent already has legal rights of the child. A second parent petitions for joint rights and the initial parent does not give up parental rights.
The point is that even in Wisconsin, there are so many legal hurdles preventing same-sex couples from starting families and it doesn't make any sense. The only reason that, a perfectly fit, excellent father (by several accounts), cannot adopt the children he has been raising for years is that he's gay.
I can't even claim this to be some sort of government cover up. The courts themselves have admitted that very fact. So now, what's going to be done about it?
Gill's case is not unique; there are many couples in this situation nationwide, the difference is that Gill's case could be the one to elicit change. Rosa Parks was not the first African American to refuse to move, and Gill is not the first gay man to protect his family against prejudiced laws, I sincerely hope he can be the last.
Harvey, a senior print journalism major and chief copy editor for The Spectator, can be reached at harveyal@uwec.edu.
Nationally, just more than 115,000 children in foster care are waiting to be adopted. Over 1,200 of these children are residents in Wisconsin, according to www.kidsarewaiting.org.
Recently, an adoption case in Florida has caught a lot of attention. The case is that of Martin Gill, the foster father of two young boys, referred to as John and James. John and James were put in foster care after being taken from an abusive and neglectful home.
They were placed with Gill and his partner. In Florida, it is legal for a gay couple to foster children, but it is the only state where it is illegal for gay people to adopt in any way.
John and James have been living with Gill for a few years and have now been put up for adoption.
The case went through court Wednesday and surprisingly, the court supported Gill, agreeing that he's an excellent parent, that the boys have bonded with the family and that moving them would be detrimental.
The court agreed with the 30 child welfare and legal groups that support Gill. However, they also stated that while they disagree with the law that is preventing Gill from adopting John and James, they have to uphold it.
There is a general consensus that the case will end up in the Supreme Court. We can only hope that they will agree that the law is unconstitutional.
In an article published in the Miami Herald Saturday, Adam Pertman, who heads the Evan B. Donaldson Adoption Institute, said there is no evidence that shows it is harmful for children to be raised by gay or lesbian parents.
While, as I've stated, Florida is the only state that completely prohibits adoption by LGBT couples, several other laws elsewhere in the country make it difficult. In several states it is illegal for single (unmarried) people to adopt. This is an issue, being that these couples are not allowed to marry.
In Wisconsin, while it is legal for same sex couples to adopt, the laws on joint adoption are a bit fuzzy.
This means that due to red tape, unmarried same sex couples may not be able to adopt together. The child would legally only have one parent.
Another form of same-sex adoption is referred to as second-parent adoption and this is prohibited in Wisconsin. In this form of adoption, one parent already has legal rights of the child. A second parent petitions for joint rights and the initial parent does not give up parental rights.
The point is that even in Wisconsin, there are so many legal hurdles preventing same-sex couples from starting families and it doesn't make any sense. The only reason that, a perfectly fit, excellent father (by several accounts), cannot adopt the children he has been raising for years is that he's gay.
I can't even claim this to be some sort of government cover up. The courts themselves have admitted that very fact. So now, what's going to be done about it?
Gill's case is not unique; there are many couples in this situation nationwide, the difference is that Gill's case could be the one to elicit change. Rosa Parks was not the first African American to refuse to move, and Gill is not the first gay man to protect his family against prejudiced laws, I sincerely hope he can be the last.
Harvey, a senior print journalism major and chief copy editor for The Spectator, can be reached at harveyal@uwec.edu.
Viewing Comments 1 - 3 of 3
AJ
posted 9/03/09 @ 8:51 AM CST
Must everything always be elevated to the same plane as the Civil Right's movement? These comparrisons are getting cliche.
LK
posted 9/03/09 @ 11:27 PM CST
Actually, if overzealous social workers weren't taking so many kids, there would be enough nuclear families to house them all so this wouldn't even be an issue. (Continued…)
Jake
posted 9/07/09 @ 10:55 AM CST
Yeah it is definitely cliched to compare two instances where a group of people are being discriminated against based on nothing but other people's disdain for the way the uncontrollable way they were born. (Continued…)
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