Adoption by same-sex couples
Encyclopedia
LGBT adoption is the adoption
of children by lesbian
, gay
, bisexual and transgender
(LGBT
) persons. This may be in the form of a joint adoption by a same-sex couple, adoption by one partner of a same-sex couple of the other's biological child (step-parent adoption), and adoption by a single LGBT person.
Adoption by same-sex couples is legal in 14 countries as well as in the jurisdictions of several more. Adoption by same-sex couples is however prohibited by a majority of countries, although debates in many jurisdiction take place to allow it. The main concern raised by those opposed to LGBT adoption is the question of whether same-sex couples have the ability to be adequate parents. As the matter is often not specified by law (or deemed unconstitutional), legalization often takes place via judicial opinions.
A consensus has developed among the medical, psychological, and social welfare communities that children raised by gay and lesbian parents are just as likely to be well-adjusted as those raised by heterosexual parents. The research supporting this conclusion is accepted beyond serious debate in the field of developmental psychology. Based on the robust nature of the evidence available in the field, Third District Court of Appeal State of Florida was satisfied in 2010 that the issue is so far beyond dispute that it would be irrational to hold otherwise; the best interests of children are not preserved by prohibiting homosexual adoption.
alone should dictate policy. Supporters of LGBT adoption suggest that many children are in need of homes and claim that since parenting ability is unrelated to sexual orientation, the law should allow them to adopt children. Opponents, on the other hand, suggest that the alleged greater prevalence of depression, drug use, promiscuity and suicide among homosexuals (and alleged greater prevalence of domestic violence) might affect children or that the absence of male and female role models could cause maladjustment. Catholic Answers
, a Catholic religious group, in its 2004 report on gay marriage addressed parenting by homosexual partners via adoption or artificial insemination. It pointed to studies finding higher than average abuse rates among heterosexual stepparent families compared with families headed by biological parents. The American Psychological Association, however, notes that an ongoing longitudinal study found that none of the lesbian mothers had abused their children. It states that fears of a heightened risk of sexual abuse by gay parents are not supported by research.
Several professional organizations have made statements in defense of adoption by same-sex couples. The American Psychological Association
has supported adoption by same-sex couples, citing social prejudice as harming the psychological health of lesbians and gays while noting there is no evidence that their parenting causes harm. The American Medical Association
has issued a similar position supporting same-sex adoption, stating that while there is little evidence against the practice, lack of formal recognition can cause health-care disparities for children of same-sex parents.
Britain's last Catholic adoption society announced that it would stop finding homes for children if forced by legislation to place children with same-sex couples. The Muslim Council of Britain also sided with Catholic adoption agencies on this issue.
Catholic Charities of Boston also ended its founding mission of adoption work rather than comply with state laws conflicting with its religious practices.
Full joint adoption by same-sex couples is currently legal in the following jurisdictions:
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:
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:
is the only African country to allow joint adoption by same-sex couples. The 2002 decision of the Constitutional Court
in the case of Du Toit v Minister of Welfare and Population Development
amended the Child Care Act, 1983 to allow both joint adoption and stepparent adoption by "permanent same-sex life partners". The Child Care Act has since been replaced by the Children's Act, 2005
, which allows joint adoption by "partners in a permanent domestic life-partnership", whether same- or opposite-sex, and stepparent adoption by a person who is the "permanent domestic life-partner" of the child's current parent. Same-sex marriage
has been legal since 2006, and is equivalent to opposite-sex marriage for all purposes, including adoption.
i 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.
'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 unanimously passed a proposal accepting adoption, parenting and assisted insemination treatment for same-sex couples on the same basis as heterosexual couples. The law went into effect on June 27, 2006.
, adoption is within provincial/territorial jurisdiction, and thus the laws may differ from one province or territory to another. Adoption by same-sex couples is legal in every province and territory.
, 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.
In the U.S., states may restrict adoption by sexual orientation or marital status. Furthermore, since 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, leading to a confused or ambiguous legal status for same-sex parents in some states.
According to Lambda Legal
, which has represented many same-sex couples in state and federal courts:
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, adoption by homosexuals was expressly forbidden by a law passed by the 1977 Legislature, in the wake of the anti-gay Save Our Children
campaign led by Anita Bryant
. However, in November 2008, the law was struck down by state circuit court Judge Cindy Lederman in the case In re: Gill
, involving a gay male couple raising two young foster children placed with them in 2004 by state child welfare workers.
In her ruling granting the adoption, Lederman found that the law violated the Florida Constitution's equal protection guarantees for the children and their adoptive parents; she added that there was no rational basis to prohibit gay parents from adopting, particularly since the scientific evidence of the suitability of gay parents is extensive, and the state allows them to act as foster parents. The state appealed Judge Lederman's decision.
On September 22, 2010, the Third District Court of Appeals of the State of Florida unanimously upheld the decision of the lower court. On October 22 of that year, Attorney General Bill McCollum
subsequently announced that the State of Florida would not appeal the court's ruling, thus ending the 33-year-old ban on gay adoptions in Florida.
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 was 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 were still allowed to adopt in Arkansas. The law was overturned on April 16, 2010 by state judge Chris Piazza. The Arkansas Supreme Court
upheld the lower court's decision on April 7, 2011.
In December 2008, in the case of Adar v. Smith, a U.S. District Court in Louisiana "ordered the state registrar to honor the New York adoption of a baby boy by a same-sex couple, saying her continued failure to do so violated" the Full Faith and Credit Clause
of the U.S. Constitution, and directed that the state issue a new birth certificate for the child listed both men as parents.
However, the Attorney General of Louisiana appealed the decision, and on April 12, 2011, the Fifth Circuit Court of Appeals overturned the district court ruling, holding that "the full faith and credit clause does not oblige Louisiana to confer particular benefits on unmarried adoptive parents contrary to its law. . . . Louisiana has a right to issue birth certificates in the manner it deems fit."
, same-sex adoption is legal in the Australian Capital Territory
, Western Australia
and New South Wales
, while only stepchild adoption within a registered relationship under the Relationships Act 2003 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 same sex couples to adopt children have not been implemented yet, while all other recommendations have been implemented.
In New Zealand
, preliminary New Zealand Law Commission
reports and white papers have raised the issue already, while Metiria Turei
, a Green Party of New Zealand List MP raised the issue in late May 2006. In February 2005, the Greens had suggested that an adoption law reform clause should be added to the Relationships (Statutory References) Act 2005, which equalized heterosexual, lesbian and gay spousal status in New Zealand law and regulatory policy, apart from the Adoption Act 1955. While the measure was unsuccessful, it remains to be seen whether a reintroduced adoption law reform bill on its own would fare differently.
, Brazil
and Uruguay
same-sex couples can jointly adopt. A government-sponspored adoption law in Uruguay allowing LGBT adoption was approved by the lower house on 28 August 2009, and by the Senate on 9 September 2009. In October 2009, the law was signed by President and took effect. 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.
In Paraguay, single persons can adopt, but couples are given preference and the latter must be heterosexual. However, if the adoptive parent will adopt as a single parent, sexual orientation per se constitutes no legal impediment.
Notes:
Primary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
of children by lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
, gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
, bisexual and transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
(LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
) persons. This may be in the form of a joint adoption by a same-sex couple, adoption by one partner of a same-sex couple of the other's biological child (step-parent adoption), and adoption by a single LGBT person.
Adoption by same-sex couples is legal in 14 countries as well as in the jurisdictions of several more. Adoption by same-sex couples is however prohibited by a majority of countries, although debates in many jurisdiction take place to allow it. The main concern raised by those opposed to LGBT adoption is the question of whether same-sex couples have the ability to be adequate parents. As the matter is often not specified by law (or deemed unconstitutional), legalization often takes place via judicial opinions.
A consensus has developed among the medical, psychological, and social welfare communities that children raised by gay and lesbian parents are just as likely to be well-adjusted as those raised by heterosexual parents. The research supporting this conclusion is accepted beyond serious debate in the field of developmental psychology. Based on the robust nature of the evidence available in the field, Third District Court of Appeal State of Florida was satisfied in 2010 that the issue is so far beyond dispute that it would be irrational to hold otherwise; the best interests of children are not preserved by prohibiting homosexual adoption.
LGBT parenting
The existing body of research on outcomes for children with LGBT parents includes limited studies that consider the specific case of adoption. Moreover, where studies do mention adoption they often fail to distinguish between outcomes for unrelated children versus those in their original family or step-families, causing research on the more general case of LGBT parenting to be used to counter the claims of LGBT-adoption opponents. One study has addressed the question directly, evaluating the outcomes of adoptees less than 3-years old who had been placed in one of 56 lesbian and gay households since infancy. Despite the small sample and the fact that the children have yet to become aware of their adoption status or the dynamics of gender development, the study found no significant associations between parental sexual orientation and child adjustment, making the results consistent with notions that two parents of the same gender can be capable parents and that parental sexual orientation is not related to parenting skill or child adjustment. The findings point to the positive capabilities of lesbian and gay couples as adoptive parents.Objections to and support for LGBT adoption
Adoption of children by LGBT people is an issue of active debate. In the United States, for example, legislation to stop the practice has been introduced in many jurisdictions; such efforts have largely been defeated, with the exception of Arkansas Act 1. There is agreement between the debating parties, however, that the welfare of childrenBest interests
Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well-being of children. The most important of these issues concern questions that arise upon the divorce or separation of the children's parents...
alone should dictate policy. Supporters of LGBT adoption suggest that many children are in need of homes and claim that since parenting ability is unrelated to sexual orientation, the law should allow them to adopt children. Opponents, on the other hand, suggest that the alleged greater prevalence of depression, drug use, promiscuity and suicide among homosexuals (and alleged greater prevalence of domestic violence) might affect children or that the absence of male and female role models could cause maladjustment. Catholic Answers
Catholic Answers
Catholic Answers, based in El Cajon, California, is one of the largest lay-run apostolates of Catholic apologetics and evangelization in the United States. It publishes This Rock, a bimonthly magazine focusing on Catholic evangelism and apologetics...
, a Catholic religious group, in its 2004 report on gay marriage addressed parenting by homosexual partners via adoption or artificial insemination. It pointed to studies finding higher than average abuse rates among heterosexual stepparent families compared with families headed by biological parents. The American Psychological Association, however, notes that an ongoing longitudinal study found that none of the lesbian mothers had abused their children. It states that fears of a heightened risk of sexual abuse by gay parents are not supported by research.
Several professional organizations have made statements in defense of adoption by same-sex couples. The American Psychological Association
American Psychological Association
The American Psychological Association is the largest scientific and professional organization of psychologists in the United States. It is the world's largest association of psychologists with around 154,000 members including scientists, educators, clinicians, consultants and students. The APA...
has supported adoption by same-sex couples, citing social prejudice as harming the psychological health of lesbians and gays while noting there is no evidence that their parenting causes harm. The American Medical Association
American Medical Association
The American Medical Association , founded in 1847 and incorporated in 1897, is the largest association of medical doctors and medical students in the United States.-Scope and operations:...
has issued a similar position supporting same-sex adoption, stating that while there is little evidence against the practice, lack of formal recognition can cause health-care disparities for children of same-sex parents.
Britain's last Catholic adoption society announced that it would stop finding homes for children if forced by legislation to place children with same-sex couples. The Muslim Council of Britain also sided with Catholic adoption agencies on this issue.
Catholic Charities of Boston also ended its founding mission of adoption work rather than comply with state laws conflicting with its religious practices.
Public opinion
A 2006 poll by the Pew Research Center found a close divide on gay adoption among the United States public, while a 2007 poll by CNN and Opinion Research Corp. said 57% of respondents felt gays should have the right to adopt and 40% said they should not. In the United Kingdom in 2007, 64% of people said they thought gay couples should be allowed to adopt and 32% said they should not. 55% of respondents thought that male couples should be able to adopt and 59% of people thought that lesbian couples should be able to adopt. In Brazil, a 2010 poll asked, "Do you support or oppose allowing gay couples to adopt children?" The poll found that 51% opposed adoption by same-sex couples and 39% supported it. An opinion poll conducted in late 2006 at the request of the European Commission indicated that Polish public opinion was generally opposed to both same-sex marriage and to adoption by gay couples. The Eurobarometer 66 poll found that 74% of Poles were opposed to same-sex marriage and 89% opposed adoption by same-sex couples.Legal status around the world
Full joint adoption by same-sex couples is currently legal in the following countries:- AndorraAndorraAndorra , officially the Principality of Andorra , also called the Principality of the Valleys of Andorra, , is a small landlocked country in southwestern Europe, located in the eastern Pyrenees mountains and bordered by Spain and France. It is the sixth smallest nation in Europe having an area of...
(2005) - ArgentinaArgentinaArgentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
(2010) - BelgiumBelgiumBelgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
(2006) - BrazilBrazilBrazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
(2010) - CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
(1999 onward, depending on province) - DenmarkDenmarkDenmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
(2010) - IcelandIcelandIceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
(2006) - NetherlandsNetherlandsThe Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
(2001) - NorwayNorwayNorway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
(2009) - South AfricaSouth AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
(2002) - SpainSpainSpain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
(2005) - SwedenSwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
(2002) - United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
: England and WalesEngland and WalesEngland and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
(2005), ScotlandScotlandScotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
(2009) and Northern IrelandNorthern IrelandNorthern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
(unclear). - UruguayUruguayUruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
(2009)
Full joint adoption by same-sex couples is currently legal in the following jurisdictions:
- AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
: Western AustraliaWestern AustraliaWestern Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
(2002), Australian Capital TerritoryAustralian Capital TerritoryThe Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
(2004), and New South WalesNew South WalesNew South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
(2010). - MexicoMexicoThe United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
: Mexico CityMexico CityMexico City is the Federal District , capital of Mexico and seat of the federal powers of the Mexican Union. It is a federal entity within Mexico which is not part of any one of the 31 Mexican states but belongs to the federation as a whole...
(2010) - United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
: the District of Columbia (1995), New JerseyNew JerseyNew Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
(1998), New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
(2002), IndianaIndianaIndiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
(2006), MaineMaineMaine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
(2007), CaliforniaCaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, ConnecticutConnecticutConnecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, IllinoisIllinoisIllinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, MassachusettsMassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, OregonOregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, VermontVermontVermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, FloridaFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
and the unincorporated territory of GuamGuamGuam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
.
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:
- FinlandFinlandFinland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
(2009) - GermanyGermanyGermany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
(2004) - GreenlandGreenlandGreenland is an autonomous country within the Kingdom of Denmark, located between the Arctic and Atlantic Oceans, east of the Canadian Arctic Archipelago. Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe for...
(2009) - IsraelIsraelThe State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
(2005) (Israel allowed overseas adoption and full joint adoption in several cases) - SloveniaSloveniaSlovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...
(2011)
In the following jurisdictions, "stepchild-adoption" is permitted, so that the partner in a civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
can adopt the natural (or sometimes even adopted) child of his or her partner:
- AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
: TasmaniaTasmaniaTasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
(2004) - United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
: PennsylvaniaPennsylvaniaThe Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
(2002)
South Africa
South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
is the only African country to allow joint adoption by same-sex couples. The 2002 decision of the Constitutional Court
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
in the case of Du Toit v Minister of Welfare and Population Development
Du Toit v Minister of Welfare and Population Development
Du Toit and Another v Minister of Welfare and Population Development and Others is a decision of the Constitutional Court of South Africa which granted same-sex couples the ability to jointly adopt children...
amended the Child Care Act, 1983 to allow both joint adoption and stepparent adoption by "permanent same-sex life partners". The Child Care Act has since been replaced by the Children's Act, 2005
Children's Act, 2005
The Children's Act, 2005 is an act of the Parliament of South Africa that consolidates and reforms the law on matters related to children...
, which allows joint adoption by "partners in a permanent domestic life-partnership", whether same- or opposite-sex, and stepparent adoption by a person who is the "permanent domestic life-partner" of the child's current parent. Same-sex marriage
Same-sex marriage in South Africa
Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal...
has been legal since 2006, and is equivalent to opposite-sex marriage for all purposes, including adoption.
Israel
A January 2005 ruling of the IsraelIsrael
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
i 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
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
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
Egalitarianism
Egalitarianism is a trend of thought that favors equality of some sort among moral agents, whether persons or animals. Emphasis is placed upon the fact that equality contains the idea of equity of quality...
to all gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
people in Israel. isRealli
Isrealli
IsRealli is the official blog of the State of Israel and the first official blog to ever be started by a government. Originally called Israel Video Blog, the site was launched on February 16, 2006 by the Consulate General of Israel in New York...
, 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.
Europe
In February 2006, FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
's Court of Cassation
Court of Cassation (France)
The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...
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
Nursery school
A nursery school is a school for children between the ages of one and five years, staffed by suitably qualified and other professionals who encourage and supervise educational play rather than simply providing childcare...
teacher from Lons-le-Saunier
Lons-le-Saunier
Lons-le-Saunier is a commune and capital of the Jura department in eastern France.-Geography:The town is in the heart of the Revermont region, at the foot of the "premier plateau" of the Jura massif...
, 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
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
concluded that these actions and this ruling were a violation of Article 14 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
taken in conjunction with Article 8.
On June 2, 2006, the Icelandic Parliament unanimously passed a proposal accepting adoption, parenting and assisted insemination treatment for same-sex couples on the same basis as heterosexual couples. The law went into effect on June 27, 2006.
North America
Canada
In CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, adoption is within provincial/territorial jurisdiction, and thus the laws may differ from one province or territory to another. Adoption by same-sex couples is legal in every province and territory.
Mexico
In Mexico CityMexico City
Mexico City is the Federal District , capital of Mexico and seat of the federal powers of the Mexican Union. It is a federal entity within Mexico which is not part of any one of the 31 Mexican states but belongs to the federation as a whole...
, the Legislative Assembly of the Federal District
Legislative Assembly of the Federal District
The Legislative Assembly of the Federal District is the legislative branch of government of the Mexican Federal District. Between 1988 and 1993, it was known as the Assembly of Representatives of the Federal District , during which period it had reduced powers with respect to the current...
passed legislation on 21 December 2009 enabling same-sex couples to adopt children. Eight days later, Head of Government
Head of Government of the Federal District
The Head of Government wields executive power in the Mexican Federal District.The Head of Government serves a six-year term, running concurrently with that of the President of the Republic....
("Mayor") Marcelo Ebrard
Marcelo Ebrard
Marcelo Luis Ebrard Casaubón is the current Head of Government of the Federal District since December 5, 2006. He is a Mexican politician affiliated to the Party of the Democratic Revolution who served as Secretary-General of the former Mexican Federal District Department, minister of public...
signed the bill into law, which officially took effect on 4 March 2010.
United States
According to a report by the Williams Institute, in 2007 there were 270,000 children in the United States who lived with same-sex couples. Of these, one-quarter, or 65,000, were adopted.In the U.S., states may restrict adoption by sexual orientation or marital status. Furthermore, since 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, leading to a confused or ambiguous legal status for same-sex parents in some states.
According to Lambda Legal
Lambda Legal
Lambda Legal is an American civil rights organization that focuses on lesbian, gay, bisexual, transgender communities as well as people living with HIV/AIDS through impact litigation, education, and public policy work.Lambda's founder William J. Thom, Esq...
, which has represented many same-sex couples in state and federal courts:
The rights of LGBT parents vary widely among states. About half of all states permit second-parent adoptions by the unmarried partner of an existing legal parent, while in a handful of states courts have ruled these adoptions not permissible under state laws. This leaves parents in many states legally unrecognized or severely disadvantaged in court fights with ex-spouses, ex-partners or other relatives. Additionally, barriers exist in assisted reproduction and related medical care, and discrimination and irrational stereotypes and fears about sexual orientation, gender identity and HIV persist.
Utah
Utah and Florida are among the states that historically imposed more stringent restrictions of LGBT adoption. Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
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.
Florida
In Florida, adoption by homosexuals was expressly forbidden by a law passed by the 1977 Legislature, in the wake of the anti-gay Save Our Children
Save Our Children
Save Our Children, Inc. was a political coalition formed in 1977 in Miami, Florida, U.S. to overturn a recently legislated county ordinance that banned discrimination in areas of housing, employment, and public accommodation based on sexual orientation...
campaign led by Anita Bryant
Anita Bryant
Anita Jane Bryant is an American singer, former Miss Oklahoma beauty pageant winner, and gay rights opponent. She scored four Top 40 hits in the United States in the late 1950s and early 1960s, including "Paper Roses", which reached #5...
. However, in November 2008, the law was struck down by state circuit court Judge Cindy Lederman in the case In re: Gill
In re: Gill
In re: Gill is a landmark Florida court case that in 2010 ended Florida's 33-year ban on adoptions by homosexuals. In 2007 Frank Martin Gill, an openly gay man, had petitioned the circuit court to adopt two boys that he and his partner had been raising as foster children since 2004...
, involving a gay male couple raising two young foster children placed with them in 2004 by state child welfare workers.
In her ruling granting the adoption, Lederman found that the law violated the Florida Constitution's equal protection guarantees for the children and their adoptive parents; she added that there was no rational basis to prohibit gay parents from adopting, particularly since the scientific evidence of the suitability of gay parents is extensive, and the state allows them to act as foster parents. The state appealed Judge Lederman's decision.
On September 22, 2010, the Third District Court of Appeals of the State of Florida unanimously upheld the decision of the lower court. On October 22 of that year, Attorney General Bill McCollum
Bill McCollum
Ira William "Bill" McCollum, Jr. is a former Florida Attorney General. A Republican, he was Florida's 36th attorney general, taking office in 2007...
subsequently announced that the State of Florida would not appeal the court's ruling, thus ending the 33-year-old ban on gay adoptions in Florida.
Arkansas
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 was 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 were still allowed to adopt in Arkansas. The law was overturned on April 16, 2010 by state judge Chris Piazza. The Arkansas Supreme Court
Arkansas Supreme Court
The Arkansas Supreme Court is the highest court in the U.S. state of Arkansas. Since 1925, it has consisted of a Chief Justice and six Associate Justices, and at times Special Justices are called upon in the absence of a regular justice...
upheld the lower court's decision on April 7, 2011.
Louisiana
In December 2008, in the case of Adar v. Smith, a U.S. District Court in Louisiana "ordered the state registrar to honor the New York adoption of a baby boy by a same-sex couple, saying her continued failure to do so violated" the Full Faith and Credit Clause
Full Faith and Credit Clause
The Full Faith and Credit Clause is the familiar name used to refer to Article IV, Section 1 of the United States Constitution, which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." According to...
of the U.S. Constitution, and directed that the state issue a new birth certificate for the child listed both men as parents.
However, the Attorney General of Louisiana appealed the decision, and on April 12, 2011, the Fifth Circuit Court of Appeals overturned the district court ruling, holding that "the full faith and credit clause does not oblige Louisiana to confer particular benefits on unmarried adoptive parents contrary to its law. . . . Louisiana has a right to issue birth certificates in the manner it deems fit."
Oceania
In AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, same-sex adoption is legal in the Australian Capital Territory
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
, Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
and New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, while only stepchild adoption within a registered relationship under the Relationships Act 2003 is possible in Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
. 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
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
released its final report recommending that the laws be modified to allow same sex couples to adopt children have not been implemented yet, while all other recommendations have been implemented.
In New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, preliminary New Zealand Law Commission
New Zealand Law Commission
New Zealand's Law Commission was established in 1986 by the Law Commission Act 1985. The Commission is a Crown Entity under the Crown Entities Act 2004....
reports and white papers have raised the issue already, while Metiria Turei
Metiria Turei
Metiria Leanne Agnes Stanton Turei is a New Zealand member of Parliament and the female co-leader of the Green Party. she is the Green Party spokesperson on Social Equity, Electoral Reform, Māori and Treaty Issues, Housing and Children....
, a Green Party of New Zealand List MP raised the issue in late May 2006. In February 2005, the Greens had suggested that an adoption law reform clause should be added to the Relationships (Statutory References) Act 2005, which equalized heterosexual, lesbian and gay spousal status in New Zealand law and regulatory policy, apart from the Adoption Act 1955. While the measure was unsuccessful, it remains to be seen whether a reintroduced adoption law reform bill on its own would fare differently.
South America
In ArgentinaArgentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
and Uruguay
Uruguay
Uruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
same-sex couples can jointly adopt. A government-sponspored adoption law in Uruguay allowing LGBT adoption was approved by the lower house on 28 August 2009, and by the Senate on 9 September 2009. In October 2009, the law was signed by President and took effect. 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.
In Paraguay, single persons can adopt, but couples are given preference and the latter must be heterosexual. However, if the adoptive parent will adopt as a single parent, sexual orientation per se constitutes no legal impediment.
Summary of laws by jurisdiction
| Country | LGBT individual may petition to adopt | Same-sex couple may jointly petition | Same-sex partner may petition to adopt partner's child | Same-sex couples are allowed to foster or stepchild foster |
|---|---|---|---|---|
| Belgium | Yes | Yes | Yes | Yes |
| Denmark | Yes | Yes | Yes | Yes |
| Estonia | Yes | No | No | Yes |
| Finland | Yes | No | Yes | Yes |
| France | Yes | No | Yes | Yes |
| Germany | Yes | No | Yes | Yes |
| Iceland | Yes | Yes | Yes | Yes |
| Ireland | Yes | No | No | Yes |
| Italy | No | No | No | No (but singles can exceptionally foster) |
| Latvia | Yes | No | No | No? |
| Lithuania | No (only in exceptional circumstances) | No | No | No |
| Netherlands | Yes | Yes | Yes | Yes |
| Norway | Yes | Yes | Yes | Yes |
| Poland | Yes | No | No | No |
| Portugal | Yes | No | No | No (but singles can foster) |
| Slovenia | Yes | No | Yes | Yes |
| Spain | Yes | Yes | Yes | Yes |
| Sweden | Yes | Yes | Yes | Yes |
| United Kingdom | Yes | Yes | Yes | Yes |
| State | LGBT individual may petition to adopt | Same-sex couple may jointly petition | Same-sex partner may petition to adopt partner's child |
|---|---|---|---|
| Alabama | Yes | No explicit prohibition | In some jurisdictions |
| Alaska | Yes | No explicit prohibition | In some jurisdictions |
| Arizona | Yes | No explicit prohibition | Unclear |
| Arkansas | Yes | Yes | Yes |
| California | Yes | Yes | Yes |
| Colorado | Yes | Yes | Yes |
| Connecticut | Yes | Yes | Yes |
| Delaware | Yes | No explicit prohibition | In some jurisdictions |
| District of Columbia | Yes | Yes | Yes |
| Florida | Yes | Yes | Yes |
| Georgia | Yes | No explicit prohibition | Unclear |
| Hawaii | Yes | No explicit prohibition | In some jurisdictions |
| Idaho | Yes | Unclear | Unclear |
| Illinois | Yes | Yes | Yes |
| Indiana | Yes | Yes | Yes |
| Iowa | Yes | Yes | Yes |
| Kansas | Yes | No explicit prohibition | Unclear |
| Kentucky | Yes | No explicit prohibition | Unclear |
| Louisiana | Yes | No explicit prohibition | In some jurisdictions |
| Maine | Yes | Yes | Yes |
| Maryland | Yes | No explicit prohibition | In some jurisdictions |
| Massachusetts | Yes | Yes | Yes |
| Michigan | Yes | No | No explicit prohibition |
| Minnesota | Yes | No explicit prohibition | In some jurisdictions |
| Mississippi | Yes | No | Unclear |
| Missouri | Yes | No explicit prohibition | No explicit prohibition |
| Montana | Yes | No explicit prohibition | Unclear |
| Nebraska | Unclear | No explicit prohibition | No |
| Nevada | Yes | Yes | Yes |
| New Hampshire | Yes | Yes | Yes |
| New Jersey | Yes | Yes | Yes |
| New Mexico | Yes | No explicit prohibition | In some jurisdictions |
| New York | Yes | Yes | Yes |
| North Carolina | Yes | Unclear | No |
| North Dakota | Unclear | No explicit prohibition | Unclear |
| Ohio | Unclear | Unclear | In some jurisdictions |
| Oklahoma | Yes | No explicit prohibition | Unclear |
| Oregon | Yes | Yes | Yes |
| Pennsylvania | Yes | Unclear | Yes |
| Rhode Island | Yes | No explicit prohibition | In some jurisdictions |
| South Carolina | Yes | Unclear | Unclear |
| South Dakota | Yes | Unclear | Unclear |
| Tennessee | Yes | No explicit prohibition | Unclear |
| Texas | Yes | No explicit prohibition | In some jurisdictions |
| Utah | Yes | No | No |
| Vermont | Yes | Yes | Yes |
| Virginia | Yes | No explicit prohibition | Unclear |
| Washington | Yes | Yes | Yes |
| West Virginia | Yes | No explicit prohibition | Unclear |
| Wisconsin | Yes | No | No |
| Wyoming | Yes | Unclear | Unclear |
| Same-sex couple joint petition | LGBT individual adoption | Same-sex stepparent adoption | |
|---|---|---|---|
| Argentina Argentina Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires... |
Yes | Yes | Yes |
| Brazil Brazil Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people... |
Yes | Yes | Yes |
| Chile Chile Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far... |
No | No | No |
| Colombia Colombia Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the... |
No | Yes | No |
| Paraguay Paraguay Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the... |
No | No | No |
| Surinam | No | No | No |
| French Guyana | No | Yes | Yes |
| Guyana Guyana Guyana , officially the Co-operative Republic of Guyana, previously the colony of British Guiana, is a sovereign state on the northern coast of South America that is culturally part of the Anglophone Caribbean. Guyana was a former colony of the Dutch and of the British... |
No (Homosexuality illegal) | No (Homosexuality illegal) | No (Homosexuality illegal) |
| Belize Belize Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official... |
No (Homosexuality illegal) | No (Homosexuality illegal) | No (Homosexuality illegal) |
| Peru Peru Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean.... |
No | No | No |
| Cuba Cuba The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city... |
No | No | No |
| Puerto Rico Puerto Rico Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an... |
No | Yes | No |
| Bolivia Bolivia Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America... |
No | No | No |
| Ecuador Ecuador Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border... |
No (constitutional ban) | No (constitutional ban) | No (constitutional ban) |
| Honduras Honduras Honduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize... |
No (constitutional ban) | No (constitutional ban) | No (constitutional ban) |
| El Salvador El Salvador El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America... |
No | No | No |
| Guatemala Guatemala Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast... |
No | No | No |
| Venezuela Venezuela Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south... |
No | No | No |
| Dominican Republic Dominican Republic The Dominican Republic is a nation on the island of La Hispaniola, part of the Greater Antilles archipelago in the Caribbean region. The western third of the island is occupied by the nation of Haiti, making Hispaniola one of two Caribbean islands that are shared by two countries... |
No | No | No |
| Nicaragua Nicaragua Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean... |
No | No | No |
| Costa Rica Costa Rica Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east.... |
No | Yes | No |
| Mexico Mexico The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of... |
Yes (only Mexico City) | Yes | Yes (only Mexico City) |
| Uruguay Uruguay Uruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area... |
Yes | Yes | Yes |
| Same-sex couple joint petition | LGBT individual adoption | Same-sex stepparent adoption | |
|---|---|---|---|
| ACT Australian Capital Territory The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory... |
Yes | Yes | Yes |
| New South Wales New South Wales New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales... |
Yes | Yes | Yes |
| Northern Territory Northern Territory The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions... |
No | Only in exceptional circumstances | No |
| Queensland Queensland Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean... |
No | Yes | No |
| South Australia South Australia South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland... |
No | No | No |
| Tasmania Tasmania Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart... |
No (under review since 2003) | Yes | Yes |
| Victoria Victoria (Australia) Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively.... |
No (under review since 2007) | Yes | Yes |
| Western Australia Western Australia Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east... |
Yes | Yes | Yes |
Notes:
- Even a de facto opposite sex couple can not jointly adopt a child under the law of the Northern TerritoryNorthern TerritoryThe Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
. - No individual or single people are allowed to adopt a child, only a married or de facto opposite sex couples under the law of South AustraliaSouth AustraliaSouth Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
.
See also
- HeterosexismHeterosexismHeterosexism is a system of attitudes, bias, and discrimination in favor of opposite-sex sexuality and relationships. It can include the presumption that everyone is heterosexual or that opposite-sex attractions and relationships are the only norm and therefore superior...
- Same-sex adoption in BrazilSame-sex adoption in BrazilSame-sex adoption in Brazil is legal according to the Superior Court of Justice of Brazil, as stated in a court decision on April 27, 2010. The change was a milestone in the country's LGBT history....
- Same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s and civil unionCivil unionA civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s - LGBT rights
- Preacher's SonsPreacher's SonsPreacher's Sons is a 2008 American documentary film, by C. Roebuck Reed and Mark Nealey. It follows the lives of a Unitarian Universalist minister, his husband, and the five sons they adopted from the California foster care system...
- a documentary about a gay adoptive couple - Mommy MommyMommy MommyMommy Mommy is a 2007 documentary film directed by Sylvie Rosenthal about a Montreal lesbian couple's five-year long struggle to have a child.-Background:...
- a documentary about a lesbian adoptive couple
Further reading
Primary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading RmsPrimary resource collection and readings. Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms
- Stacey, J. & Davenport, E. (2002) Queer Families Quack Back, in: D. Richardson & S. Seidman (Eds) Handbook of Lesbian and Gay Studies. (London, SAGE Publications), 355-374.
- New Zealand Law CommissionNew Zealand Law CommissionNew Zealand's Law Commission was established in 1986 by the Law Commission Act 1985. The Commission is a Crown Entity under the Crown Entities Act 2004....
: Adoption- Options for Reform: Wellington: New Zealand Law Commission Preliminary Paper No 38: 1999: ISBN 1-877187-44-5
External links
- New Family Social The organisation for LGBT adopters and foster carers in the UK.
- AICAN – Australian Intercountry Adoption Network
- National Center for Lesbian Rights – Information about the legal rights of lesbian, gay, bisexual and transgender people and their families, including a legal information hotline
- Gay.com – Adoption and Parenting – News and Current Events pertaining to the rights and responsibilities of same-sex parents in adopting and parenting
- Family Pride Coalition – The only US-based national level non-profit organization solely dedicated to advocating for LGBT parents and their families
- Families Like Ours – Adoption resource center with a focus on same-sex parenting
- The Rockway Institute for LGBTLGBTLGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
research in the public interest at Alliant International UniversityAlliant International UniversityAlliant International University is a private, non-profit higher education institution based in San Diego, California. It offers programs in six California cities and four locations outside the United States... - http://www.COLAGE.org/COLAGE (Children of Lesbians and Gays EverywhereChildren Of Lesbians And Gays EverywhereCOLAGE is an organization, created in 1989 by the children of several lesbian and gay male couples who felt a need for support. Though its membership is not necessarily lesbian, gay, bisexual, transgender, queer/questioning -identified, COLAGE's focus on the issues of LGBT parents' families makes...
)] - Canada.com "In the Family Way" – News story of gay and lesbian adoptive families, and the surrogate and donor family
- Families Like Mine
- Greenwood and Fink - all legal services for same sex adopting couples and more. – Providing a path to gay and lesbian adoption: all legal services, access to obstetric and pediatric medical services, accommodations, social services, concierge services and other resources.