The Human Rights Campaign recently praised the American Academy of
Pediatrics for issuing a policy statement supporting legal and
legislative efforts to provide second-parent or co-parent adoptions to
same-sex couples. The academy based its position on a review of scientific
literature, which led it to conclude that such adoptions are in the best
interests of children.
"We applaud the American Association of Pediatrics for strongly supporting
second-parent adoptions by gay couples because they are indeed in the best
interests of children," said HRC Executive Director Elizabeth Birch. "We
urge judges, legislators and policy makers to act on the wise
recommendations of this distinguished organization."
The policy statement is published in the February 2002 issue of Pediatrics,
a peer-reviewed academic journal. It urges AAP members to "support the right
of every child and family to the financial, psychological and legal security
that results from having legally recognized parents who are committed to
each other and the welfare of their children." The statement is accompanied
by a technical report that provides details from the best available
scientific studies of children who grow up with gay or lesbian parents.
"The children of many same-sex couples live in great risk because some
courts and state governments have prevented both parents from having a legal
relationship to their own sons and daughters," said Lisa Bennett, who runs
HRC FamilyNet, the family project of the Human Rights Campaign Foundation.
"Children in many of these families can be denied insurance coverage or
medical care in an emergency. If the non-adoptive parent dies before such
children turn 18, they can be removed from the only home they know. We hope
this policy statement leads to greater protection for these vulnerable
children and families."
Only six states and the District of Columbia have made second-parent
adoption available statewide, either by statute or state appellate court
ruling, according to research conducted by HRC FamilyNet. The six are:
Connecticut, Illinois, Massachusetts, New Jersey, New York and Vermont. In
addition, California's recently passed domestic partnership law allows for
stepparent adoption, meaning gay men and lesbians in that state are eligible
to adopt their partners' biological children if they wish.
Judges in 20 other states have awarded second-parent adoptions at the trial
court level, meaning judges have granted them in selected counties but there
is no guarantee judges in other counties would do the same. On Jan. 29, the
California Supreme Court agreed to review a lower court's ruling that said
that second-parent adoptions are not valid under California law, despite the
fact that there already have been thousands of such adoptions in that state.
Until recently, Pennsylvania had granted second-parent adoptions in 14 of 67
counties but in November 2000, the state Superior Court ruled they were no
longer available to same-sex parents. (See attached chapter from draft of
HRC FamilyNet's upcoming report, "The State of the Family: Laws and
Legislation Affecting Gay, Lesbian, Bisexual and Transgender Families in
2001.")
The American Pediatric Academy policy statement recommends that
pediatricians become familiar with gay and lesbian parents and their
children, and that they advocate for initiatives that enable second-parent
and coparent adoptions by same-sex couples.
"The American Pediatric Academy joins a growing body of child
welfare organizations, including the Child Welfare League of America and the
North American Council on Adoptable Children, that have issued policy
statements asserting that a parent's sexual orientation is irrelevant to his
or her ability to raise a child," Bennett said. "In addition, leading
psychological organizations, such as the American Psychological Association,
have declared that sexual orientation is not a determinant of good
parenting."
Second-parent or co-parent adoption is critical to children because it
provides these protections:
- Guarantees that in the event one parent dies or becomes
incapacitated, the second parent would have his or her custody rights
protected; - Protects the rights of the second parent in the event the couple
separates and ensures children can benefit from child support of both
parents; - Allows children to be eligible for health insurance benefits from
both parents; - Gives both parents legal rights to consent for medical care;
- Ensures children would be eligible for Social Security survivor
benefits if one parent were to die.
"It is time for states and the federal government to re-examine
family policy to make sure all children are protected," Bennett said.
"Children of same-sex couples deserve the same stability and security that
are routinely available to all other children."
More information on second-parent adoption laws is available at
www.hrc.org/familynet.
Enviroshop is maintained by dedicated NetSys Interactive Inc. owners & employees who generously contribute their time to maintenance & editing, web design, custom programming, & website hosting for Enviroshop.