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Adoption by same-sex couples

Adoption by same-sex couples is legal inregardless of sexual orientation.
Guam, Andorra, Belgium, the Netherlands,Critics of such restrictive policies
Sweden, South Africa, Spain, the Unitedalso point out that in many of the
Kingdom and some parts of Canada and thestates that have bans on second-parent
U.S., Denmark, Germany, Iceland, andadoption by same-sex couples, these same
Norway allow "stepchild-adoption" socouples are still able to act as foster
that the partner in a civil union canparents.
adopt the natural (or sometimes evenIn Canada, adoption is within provincial
adopted) child of his or her partner. Interritorial jurisdiction, and thus the
the Republic of Ireland and some otherlaw differs from one province or
countries, individual persons, whetherterritory to another. Adoption by
heterosexual/homosexual, cohabitingsame-sex couples is legal in British
single may apply for adoption.Columbia, Manitoba, Newfoundland and
In February 2006, France's Court ofLabrador, Nova Scotia, Ontario, Quebec,
Cassation ruled that both partners in aSaskatchewan, and the Northwest
same-sex relationship can have parentalTerritories. In Alberta, stepchild
rights over one partner's biologicaladoption is allowed. Adoption by
child. The result came from a case wheresame-sex couples is illegal in New
a woman tried to give parental rights ofBrunswick, Prince Edward Island, and
her two daughters to her partner whomNunavut. In the Yukon, the law regarding
she was in a civil union with.adoption is ambiguous. NDP MP Libby
On June 2, 2006 the Icelandic ParliamentDavies, who is in a same-sex
voted for a proposal accepting adoption,relationship, has campaigned for
parenting and assisted inseminationnational uniformity when it comes to
treatment for same-sex couples on thesame-sex adoption.
same basis as heterosexual couples. NoIn Australia, same-sex adoption is legal
member of the parliament voted againstin the Australian Capital Territory and
the proposal. The law went into effectWestern Australia, while stepchild
on June 27, 2006.adoption is possible in Tasmania.
Within the United States, Gay peopleIn New Zealand, preliminary New Zealand
have the right to adopt in every state.Law Commission Reports and white papers
California, Connecticut, Massachusetts,have raised the issue already, while
New Jersey, New York, Pennsylvania,Metiria Turei, a Green Party of New
Vermont, Washington State andZealand List MP raised the issue in late
Washington, D.C. explicitly allowMay 2006. In February 2005, the Greens
second-parent adoption by same-sexhad suggested that an adoption law
couples statewide, either by statute orreform clause should be added to the
court ruling. Courts in many otherRelationships (Statutory References) Act
states have also granted second-parent2005, which equalised heterosexual,
adoptions to same-sex couples, thoughlesbian and gay spousal status in New
there is no statewide law or courtZealand law and regulatory policy, apart
decision that guarantees this. In fact,from the Adoption Act 1955. While the
courts within the same state but inmeasure was unsuccessful, it remains to
different jurisdictions often contradictbe seen whether a reintroduced adoption
each other in practice. Single parentlaw reform bill on its own would fare
adoption by LGBT individuals is legal indifferently.
every state except Florida. This makesA January 2005 ruling of the Israeli
it possible for same-sex couples toSupreme Court allowed step-child
"adopt," in jurisdictions whereadoptions for same-sex couples. Israel
second-parent adoptions are notpreviously allowed limited
permitted, though only one individual isco-guardianship rights for
legally recognized as the parent. Thenon-biological parents.
exception to this is Utah whichIn 2007 UK Catholic adoption agencies
prohibits adoption by "a person who iswhich make up around a third of the
cohabiting in a relationship that is notvoluntary sector have said they will
a legally valid and binding marriage,"shut if forced to comply with new
[4] making it legal for single people togovernment legislation requiring them to
adopt, but illegal for two non-marriedenlist gay couples as potential adoptive
people living together to do so,parents.



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