Gay and thinking about adopting?
If you are gay or lesbian and thinking about adopting in California, let this serve as a basic review on adoption in California. This is not an exhaustive discussion, but a beginner’s look at what one might consider when thinking about adopting a child.
In addition to single GLBT adoptions, California permits joint and second-parent adoptions.
There are three types of adoption available in California:
- Independent/Open - This type of adoption is generally done without an adoption agency, rather with a lawyer and/or a physician to help locate a birth mother. The cost for an independent adoption varies, but typically runs from 10 to 20 thousand dollars.
- Foster - This type of adoption process begins by the adoptive parent or parents becoming licensed as foster parents first, then getting approved by the agency as prospective adoptive parents. The foster system approach is the most affordable, usually consisting of minimal costs for licensing, home study and adoption fees.
- International - When a U.S. family adopts a child from a foreign country, it is known as an “international” adoption. Prospective parents usually work with a private agency licensed for intercountry adoption. Fees for an international adoption typically range from 10 to 25 thousand dollars.
If you are considering adoption, below are some questions to consider before taking the next steps. If you and your partner are exploring the idea of adoption together, feel free to use them as discussion starters.
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Anti-gay group allowed to enter Arkansas adoption case
(Little Rock, Arkansas) A judge has ruled that that a lawsuit challenging an Arkansas law banning unmarried couples from becoming foster or adoptive parents can proceed - and that the conservative group behind the measure can present arguments in the case.
County Circuit Judge Chris Piazza dismissed a motion by Arkansas Attorney General Dustin McDaniel to dismiss the suit. Piazza then accepted an application by the Arkansas Family Council to enter the case.
The council was behind the successful ballot measure past last November that bans unmarried couples from adopting or fostering. The American Civil Liberties Union of Arkansas filed suit, challenging the constitutionality of the law on behalf of a dozen families, some straight, some gay.
See Anti-gay group allowed to enter Arkansas adoption case
365Gay.com
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Gay men criticize new adoption, foster care policy
HAMILTON — Grace calls Michael “Daddy,” and calls his partner Andrew “Dada.”
And as the 2-year-old pedaled around Michael’s feet on her red tricycle, Michael said he was “incensed” by a new Butler County Children Services policy that he takes to mean he’ll only be used as a last resort foster or adoptive parent because he’s gay.
The agency quietly created the policy Dec. 8 after Andrew — who asked to not use their last names over safety concerns involving the biological family — adopted Grace after caring for her as a foster father since birth.
The agency’s policy gives traditional married couples preference over single parents or same-sex couples in fostering and adopting children.
Children Services Director Michael Fox said the policy — possibly the only one of its kind in the state — is not meant to discriminate, and the agency didn’t oppose Grace’s adoption.
See Gay men criticize new adoption, foster care policy
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Following Attorney General Investigation, Arizona-based Antigay Adoption Service Stops Business in New York: Lambda Legal’s Clients Vindicated
The Attorney General’s announcement follows a complaint filed by Lambda Legal on behalf of a New York gay couple barred from posting their on-line adoptive-parent profile by the companies in question solely because they are a same-sex couple. Adoption Profiles, LLC and Adoption Media, LLC were violating New York laws prohibiting such discrimination.
“New York Attorney General Cuomo has sent a clear message to all businesses that discrimination on the basis of sexual orientation will not be tolerated,” said Flor Bermudez, Staff Attorney at Lambda Legal. “Companies can’t come into New York and hang a sign on their door saying ‘Same-sex couples need not apply.’”
Lambda Legal clients Rosario Gennaro and Alexander Gardner knew for a long time that they wanted to have children and that adoption was the way to make it possible. The couple had a home study by a licensed social worker and obtained certification as Qualified Adoptive Parents from the New York City Surrogate Court. The couple wanted to post their profile on ParentProfiles.com and seek a match with a birth parent. However, the website’s eligibility requirements only allow a “Qualifying Husband and Wife Couple” that are “one male husband and one female wife” to use the service, thus discriminating against same-sex couples on the basis of sexual orientation, sex and marital status. The company was sued in California for violating that state’s antidiscrimination law and is no longer doing business there.
“We are thrilled that the New York Attorney General’s office made the right decision and that no couple will have to experience what we did in our effort to become parents,” said Rosario Gennaro.
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ACLU Asks Court To Strike Down Arkansas Parenting Ban
At a press conference at the Arkansas State Capitol this morning, several of the plaintiffs described how Act 1, which is set to go into effect on January 1, impacts their families and why they decided to be part of the case.
Stephanie Huffman, who already adopted one child from the state in 2004, was one of the plaintiffs who spoke at today’s press conference. Huffman and her partner of 10 years, Wendy Rickman, want to adopt another child or a pair of siblings through the Department of Children and Family Services, but now can’t because of Act 1. “The state already knows we’re good enough parents that they placed one child with us before Act 1 passed,” said Huffman. “Who knows how many children are now cut off by this law from loving homes?”
In the lawsuit filed today, the ACLU argues that Act 1 violates the federal and state constitutional rights to equal protection and due process. Participating in the case are 29 adults and children from over a dozen different families, including a grandmother who lives with her same-sex partner of nine years and is the only relative able and willing to adopt her grandchild who is now in Arkansas state care, several married heterosexual couples who have relatives or friends disqualified by Act 1 who they want to adopt their children if they die, and a heterosexual woman who wants to be a foster or adoptive parent but can’t because she lives with her partner of five years. The complaint was filed this morning in Pulaski County Circuit Court.
“Ever since the election, we’ve been hearing from all corners of the state from dozens of families who are panicking about how Act 1 impacts them,” said Rita Sklar, Executive Director of the ACLU of Arkansas. “This law hurts families and children in many ways – it takes away parents’ right to decide for themselves who will adopt their children if they die, it denies the many children in Arkansas state care a chance at the largest possible pool of potential foster and adoptive homes, and denies couples who are living together but unmarried the chance to provide loving homes to children who desperately need them.”
Sheila Cole: Sheila lives in Tulsa, Oklahoma with Jennifer, her partner of nine years. Sheila’s adult daughter from an earlier relationship had a baby girl in May of 2008 who was placed in the Arkansas foster care system when she was two months old. Sheila wants to adopt her granddaughter and is the relative best able to take in the baby. Every week she makes a four-hour round trip to Bentonville for two hours of visitation with her granddaughter. Sheila has taken foster parenting classes with Oklahoma’s DHS and has passed a home study. She is now waiting for approval from Arkansas, but she’s worried she might not be approved to adopt her own granddaughter because of Act 1.
Stephanie Huffman and Wendy Rickman: Stephanie and Wendy have been together for 10 years and are raising two sons together, one of whom is a 7-year-old with special needs whom Stephanie adopted from the state in 2004. Stephanie and Wendy want to adopt another child, or perhaps a pair of siblings, but can’t because of Act 1.
Cary and Trina Kelley: Cary and his wife, Trina, have two young daughters and live across the road in Fayetteville from Cary’s mother Vickie Kelley and her partner Sophia Estes. Sophia and Vickie have been together 16 years, and cumulatively have three children and six grandchildren. If anything were to happen to Cary and Trina, who held their wedding in Vickie and Sophia’s backyard, they want Vickie and Sophia to be able to adopt their children. Trina, Cary’s wife, spent many years of her childhood in state care and she feels very strongly that children who need homes shouldn’t be cut off from loving relatives like Sophia and Vickie.
Kaytee Wright: Kaytee Wright lives on a farm in Cabot with her partner of five years, Alan Leveritt. Kaytee helps Alan raise his eight-year-old daughter from his previous marriage, of whom he has joint custody. Together she and Alan are also providing a home and financial assistance to a mother and her two young children through a Little Rock shelter for the working homeless. Kaytee was adopted from state care when she was just four weeks old, and she feels very strongly that good homes should be provided to children in the state system. Kaytee would like to adopt a child but cannot because she and Alan aren’t married.
For a complete list of all the plaintiff families and more detailed profiles, please visit http://www.aclu.org/lgbt/parenting/38199res20081230.html
The plaintiffs are represented by Christine P. Sun, Rose Saxe, and Leslie Cooper of the American Civil Liberties Union, Stacey Friedman, Garrard Beeney, and Jennifer Sheinfeld of Sullivan & Cromwell LLP, and Marie-Bernarde Miller and Daniel J. Beck of Williams & Anderson PLC on behalf of the ACLU Foundation of Arkansas.
The case is Cole, et al. v. Arkansas, et al. For more information on the case, including today’s complaint, visit http://www.aclu.org/lgbt/parenting/38199res20081230.html
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