States that ban same sex couples from adopting
How a Louisiana law is derailing adoptions for some lesbian couples
When Nikki Dennis’ wife, Jessica Dennis, gave birth to a healthy baby boy last May, she was right next to her in the Ouachita Parish delivery room, holding her hand.
“I was there the moment he took his first breath,” Nikki said. “I will be at every ball game, graduation and important moment in his life because I’m his mother too.”
But in the eyes of Louisiana law, she technically isn’t.
Louisiana’s civil code establishes parental rights over any child born in the state to the birth mother and “the husband of the mother,” or, if the woman is unmarried, the physiological father can petition a court for rights. Nikki is female, so neither title fits.
The couple used a sperm donor to conceive their son through intrauterine insemination. Jessica, who provided the egg, carried him to term.
So, at the advice of a family lawyer, the couple applied for adoption, a common step for same-sex and heterosexual couples who rely on sperm or egg donors. The complex legal process solidifies rights for a non-biological pare
The international legal framework of adoption rights of the LGBTQI+ community: status and key challenges
Tuesday 22 April
Renato Guerrieri
Guyer & Regules, Montevideo
eri@
Italo Raymondo
Guyer & Regules, Montevideo
iraymondo@
Introduction
Adoption is a legal proceeding that allows an individual or couple to adopt a child who is not a biological relative, seeking social and family protection, and ultimately the wellbeing and best interest of the adopted child, by creating a family bond and giving adopting parents the obligations, duties and rights of parents.
For the LGBTQI+ community, in spite of the daunting challenges of the often lengthy, burdensome and emotional adoption proceedings itself, adoption is a relevant mechanism, and in many cases the only one, of constituting a family.[1] This is in lieu of biological means in most cases, and with legal limitations and/or voids and cultural and/or economic barriers regarding other potential alternatives in many jurisdictions, such as donor conception including IVF, surrogacy, or co-parenting.
However, LGBTQI
LGL
Mississippi was the last state in the country to maintain its ban on same-sex adoption, until Federal Judge Daniel Jordan overruled it on Thursday.
Mississippi’s anti-gay law which prohibits same-sex couples from adopting kids has been stuck down in federal court on Thursday night, making gay adoption legal throughout all 50 states in the U.S.
Over the years, other states such as Alabama and Florida have one by one overturned their anti-gay adoption laws, leaving Mississippi the last verb in the country to maintain its year-old statutory ban on same-sex adoption.
In his ruling, U.S. District Court Judge Daniel Jordan described the ban as a violation of ‘the Equal Protection Clause of the United States Constitution.’
The determine added that the Supreme Court’s decision to legalise same-sex marriage nationwide last June prevails over any law that interferes with the right to marry and ‘rights and responsibilities intertwined with marriage.’
One year ago, four same-sex couples stood up for their rights to adopt and challenged the Mississippi law. Two organisations, Campaign
What to Know About the History of Same-Sex Adoption
Unfortunately, the history of same-sex adoption is rather brief — but not for lack of interest or craving to adopt by hopeful LGBT parents. History has not treated LGBT individuals kindly and, therefore, their ability to adopt — and even get married — is a very recent development. In fact, most of the important moments in the history of gay adoption have only happened in the last 40 the s and s (when the gay rights movement really began to take hold), homosexuality was something that was rarely discussed and even illegal in some places. Therefore, it was near impossible for LGBT parents to adopt or even elevate children without great difficulty. Many LGBT individuals ended up having children through heterosexual marriages but, if they came out and left that marriage, they would likely lose custody of their child, as well. When LGBT families did exist, it was because of great secrecy and care taken to protect them from those who would interfere. Add to that the secrecy surrounding adoption in general, and you can see why gay adoptio