Adoption by Same Sex couples

Adopting by LGBTI (lesbian, gay, bisexual, transgender and intersex) persons may be done by a single person, couples of the same sex, or by a couple’s partner when the other has a biological child (by step-parent). Fourteen countries have legalized adoptions to couples of the same sex. The main concerns of people that oppose LGBTI adoption are if those couples can also have good parenting skills. Legalization takes place often on judicial opinions. Supporters say many children need homes and claim their ability to parent has no relevance to their sexual orientation. Opposition suggest the alleged drug use,

Suicides, domestic violence and promiscuity among homosexuals could affect the child or cause maladjustment with absence of both role models, male and female. Both sides agree the child’s welfare should dictate the policy.

Many organizations have given statements defending the adoption by same-sex partners. The American Psychological Association (APA) cites psychological health of gays and lesbians could be harmed, while their parenting doesn’t cause the children harm. The (AMA) American Medical Association and (ASA) American Sociology Association hold similar positions for same-sex couples adopting.

In Florida in 2008, a statute that forbids gay adoptions was struck down. The judge felt equal rights of protection had been violated, and that prohibiting adoption by gay parents was not rational since they were allowed to be foster parents. The decision was appealed by the state and the lower court’s decision was upheld. In 2010, the governor announced that the ban on LGBTI adoptions will be lifted, allowing their adoptions legal in Florida. In November, 2008, voters in Arkansas approved the measure of banning anyone from adopting children or be foster parents if they “co-habitate outside a valid marriage”. It was mainly written targeting gay people because same-sex marriages was prohibited, making it impossible to adopt. However, single lesbians and gay men could adopt.

What Types of Discrimination do Lesbian and Gay Partners Face?

Because of the lack of legal recognition of same sex partnerships, lesbians and gay men face a wide variety of discrimination on many fronts.

Pensions

Many pension schemes, including all public sector superannuation schemes, provide for a widow’s or widower’s pension if the pensioner dies before his or her spouse. In these schemes a gay or lesbian partner can never benefit no matter how long they have lived together. Other schemes provide a pension to a surviving dependant, including in some schemes a same-sex partner.

Fringe Benefits

Employers often provide fringe benefits in respect of a husband or wife or heterosexual partner but refuse to provide the same benefits to same-sex partners. Besides pensions (above) examples include health insurance, life insurance, and cheap or free use of the employer’s services.

Tax

Married couples can transfer as much property as they like from one to the other without paying capital gains tax. They can also leave as much property as they like to each other in their will–no matter how big their estate their partner will not have to pay inheritance tax. Same-sex couples cannot do this

Inheritance

If a lesbian or gay man dies without leaving a will, their property passes according to the rules of intestacy–which normally means it goes to their closest blood relatives, not to their partner. Lesbians and gay men have been known to be thrown out of their home by their partner’s family because their partner died without leaving a will.

Adoption

Unmarried couples are not allowed to adopt jointly. A lesbian partner cannot even adopt their own child in order to formalise the relationship between the child and the non-biological parent. The marriage requirement also makes it very difficult for same-sex couples to adopt other children, as couples are generally considered preferable to single adopters. Where they do succeed in adopting, only one of them becomes the legal parent.

Next of Kin

People who can be classed as next of kin are defined as being either those married to a person or close blood relatives. Same-sex partner are not deemed to be next of kin. This can cause problems if one partner is ill or dies–it is the next of kin who are consulted in hospital and next of kin who are entitled to make funeral arrangements. Powers of attorney can be used to gain some of the legal rights and responsibilities of a next of kin.

Housing

Married and unmarried heterosexual couples have the right to succeed to a council tenancy or private sector tenancy.

Children Raised By Same-Sex Couples Healthier

A study released out of Melbourne University in Australia found that children raised by same sex couples are healthier and enjoy a better sense of well-being than their peers. This study, called the biggest of its type so far, sought to “describe the physical, mental and social well-being” of children raised by gay and lesbian parents. It also sought to understand “the impact that stigma has on them.” In terms of family cohesion and general health, children of gay parents scored 6% higher than their heterosexual counterparts. Researchers also found that in terms of behavior, self-esteem and mental health, gay parent’s children were about the same as those raised by hetero parents.

Speaking on CNBC, Dr. Simon Crouch said, “It appears that same-sex parent families get along well and this has a positive impact on health.” Crouch is from the Jack Brockhoff Child Health and Wellbeing Program, Centre for Health Equity at the University of Melbourne. Crouch thinks the focus gay parents have on skill building rather than on traditional gender roles may account for the conclusion of the survey. Certainly, a more accepting and less discriminatory attitude in Australian society, as in other Western societies, may also play a role.

“So what this means is that people take on roles that are suited to their skill sets rather than falling into those gender stereotypes,” Crouch said. “What this leads to is a more harmonious family unit and therefore feeding on to better health and wellbeing.”

315 parents and 500 children participated in this study. Previous research has also found that children raised by same-sex couples grew up healthy with a solid sense of well-being. In fact, an earlier report out by the Williams Institute found that children raised by lesbian couples had higher self-esteem and less disciplinary problems. Another study conducted in 2012 entitled “Adolescents with Lesbian Mothers Describe Their Own Lives,” found that those teens raised by two moms maintained good GPAs. They also have strong bonds to their moms.

Dr. M. Mirza – lgbt health wellness .com – 2014