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Running Head: LGBT Adoption

LGBT Adoption

Jacqueline Balbuena, Zoe Palomares, Sol Padilla, Paola Pina, Nathassja Jacquezjassa Jaquez

The University of Texas at El Paso

RWS 1301
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LGBT Adoption
Abstract

This report explores the issues members of the Lesbian, Gay, Bisexual, and Transgender

(LGBT) community face when it comes to adoption. With the help of previous articles and

studies we will be able to provide the reader with an understanding of the adoption process and

the issues members of the LGBT community face or undergo in order to become parents. This

report will also be comparing the adoption process between heterosexual couples vs. LGBT

couples.

Introduction

Adoption in the United States has always been a lengthy difficult process for the a

majority of heterosexual couples. As for the Lesbian, Gay, Bisexual, and Transgender (LGBT)

community adoption has always been a struggle. The LGBT community has always faced

discrimination and hardships due to certain regulationsthe laws in place. This report will be

highlighting the adoption process for heterosexual couples and LGBT couples, as well as

uncovering personal stories, and the laws that are currently in place keeping LGBT couples from

becoming parents.

Adoption Process

The aprocess of adoption process in the United States varies in different cases but overall

go through similar steps. aries but the overall steps one must take are mostly the same.

According to American Adoptions, Inc. (n.d.) there are eight steps one must take in order to

complete the adoption process: the first step is to decide if adoption is right for you-this is the

first step you must take before committing to the adoption process, select the type of adoption

you want-here is where you will decide if you want to adopt a child or an infant, adopt
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LGBT Adoption
internationally or domestically, adopt privately or through foster care, and if you would like to

have an open or closed adoption, choose an adoption professional-this is the step where

participants will pick an adoption agency that i’s best for them, become an active waiting family

or create an adoption plan- in this phase where the agency evaluates your home life to make sure

it iss suitable for a child, find an adoption opportunity- this is where participants are shown

potential profiles of families that are giving their child up for adoption, communication before

adoption-here is where participants will meet with the birth mother and discuss the birth plan,

complete the hospital stay-this step is particularly for participants who are adopting an infant,

this is where you meet your child, finalize the adoption-this is essentially the last steps for

participants this is where the families must sign an ICP, attend post-placement visits, and attend

a finalization period.

LGBT Adoption Process

According to Considering Adoption (2019) certain requirements are dependent on the

state laws that you live in but the overall completion of adoption is the same the completion of

adoption process is the same but certain requirements depend on the state laws that you live inby.

Another requirement depending on the state’s law for LGBT couples, is that they must be legally

married in order to adopt a child. It is possible for an individual who is LGBT to adopt as a

single parent, but the individual’s partner will noton’t have legal parental rights over the child.

According to Goldberg, A. E., Frost, R. L., Miranda, L., & Kahn, E. (2019) many LGBT

members that pursued adoption feared discrimination against their sexual orientation, gender

identity, and gender expression. ISadly, in most cases LGBT couples do report that they were

discriminated against either by legal professionals or by the laws of the state. Many LGBT

couples expected the adoption process to be lengthy, but it seemed like the agencies were taking
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LGBT Adoption
too long and asking extremely personal and invasive questions during interviews (Goldberg, A.

E., Frost, R. L., Miranda, L., & Kahn, E. (2019)).

Legal Constraints

In some states's LGBT couples were not allowed to adopt until same-sex marriage was

legal. Aaccording to Considering Adoption. (2019), gay adoption was illegal in most states prior

to 2016 but now it is legal. As stated, before in most states there are laws in place that do notn’t

allow unmarried couples to adopt a child together and most states also do notn’t allow second-

parent adoption procedures. While almost every state allows LGBT adoption there are several

states that have passed laws against gay adoption due to religious freedom and these laws allow

the adoption agencies to refuse service to LGBT couples. According to Considering Adoption.

(2019) the marriage clause and prevention of the second-parent adoption are the most effective

ways the states discriminate against LGBT couples.

Global Adoption

There are countries outside of the United States that are more conservative and have

made the adoption process equal or less difficult for all participants. For example, in England

there is y have a whole week out of the year dedicated to LGBT adoption and fostering, where

they raise awareness and share their personal success stories. According to Adoption Matters

(2016) the two couples that shared their successful storiesy said that the adoption process was

long, but they did non’t face discrimination.n Moreover, they e and encourage other LGBT

members of the community to adopt, . cCompared to the American LGBT couples who said they

would only recommend adoption to LGBT couples who are willing to go through the process.
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LGBT Adoption
Not only in the United Kingdom are LGBT members gaining rights, but in India the Supreme

Court passed a law a colonial-era ban on gay sex, meaning that LGBT members are somewhat

protected by their law to be who they are (Mugisha, F,. 2(2019). If other countries can pursue to

make a difference make an effort to protect their citizens for t of their country and make them

feel safe for having equal rights and being able adopt childrenem feel like they have rights, why

can’t the United States make adoption peacefuleasier for on LGBT members.?

Conclusion

Even when though adoption is a long and difficult process for LGBT couples, t they

never lose hope stop until their familiesy areis complete. Adoption does not have to be difficult

made difficult in the United States for the LGBT community. , Mmany countries have changed

their outlook, and it ist’s time for America to do the same. America has was always been

referred to as “the land of opportunity where you are able to live the American dream", therefore

we should notn’t take a homosexual couples 's opportunity ity to form a family just because of

their sexual orientation or gender identity. Times are changing and the United States is behind in

making adoption an equal process. T, needs to realize that there are couples out there who just

want to give a child a family and a home, the United States why should not we be responsible to

restrict rights from the LGBT community. t that.?

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References

Adoption Matters (2016, May 16). Adopters share their stories for LGBT Adoption & Fostering

Week. Retrieved from https://www.adoptionmatters.org/2016/03/02/lgbt-adopters-share-

stories-encourage-others-consider-adoption/

American Adoptions, Inc. (n.d.). "What does adoption mean to a child?". Retrieved from

https://www.americanadoptions.com/adopt/the_domestic_adoption_process_step_by_ste

Cobb, N. (2016). From Civil Partnership to Same-Sex Marriage, Interdisciplinary Reflections, N

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Considering Adoption. (2019). What to Know About Same-Sex Adoption Laws in the U.S.

(n.d.). Retrieved from https://consideringadoption.com/adopting/can-same-sex-couples-

adopt/same-sex-adoption-laws.

DeVault, A. & Miller, M. K. (2019). Justification-suppression and normative window of

prejudice as determinants of bias toward lesbians, gays, and bisexual adoption applicants.

Journal of Homosexuality. 66(4), 465-486. DOI:

https://doi.org/10.1080/00918369.2017.1414497

Farr, R. H., & Goldberg, A. E. (2018). Sexual orientation, gender identity, and adoption law.

Family Court Review, 56(3), 374-383.Retrieved from: https://doi.org/10.1111/fcre.12354

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Goldberg, A. E., Frost, R. L., Miranda, L., & Kahn, E. (2019). LGBTQ individuals’ experiences

with delays and disruptions in the foster and adoption process. Children and Youth

Services Review. 106. DOI:

https://0doiorg.lib.utep.edu/10.1016/j.childyouth.2019.104466

Lifelong Adoptions (2019). LGBT Adoption Facts. Retrieved from

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Mertus, J. B. (2011). Barriers, hurdles, and discrimination: the current status of LGBT

intercountry adoption and why changes must be made to effectuate the best interests of

the child. Capital University Law Review, (Issue 2), 271. Retrieved from https://0-eds-b-

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Mugisha, F. (2019, January 22). India and the global fight for LGBT rights. FP Global Thinkers.

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Provencher, A. J., Kahn, N. E., & Hansen, M. E. (2016). Adoption Policy and the Well-Being of

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