Same-sex Parents in Custody Cases - 1853 Words

When considering the word â€Å"family†, many people think of â€Å"Mom+Dad+2.5 children†--the nuclear family of television sitcom. However, this definition of family is a new interpretation that fit the rapid housing expansion of the Cold War years in the Western world. Conservatives have often decried the breakdown of this definition of family as a primary reason for their opposition to same sex marriage. As this was the predominant family structure for a lengthy period of time, most family law decisions have been written with this paradigm in mind, defining a husband/wife relationship as the norm. However, as gay marriage is legalized nationally, family law must adapt to newer definitions of the word â€Å"family†, in order to†¦show more content†¦Interestingly, a recent case has further infringed upon the ability of gay partners to adopt a child in their marriage, thus highlighting the precarious legal status of a gay parent. In the case of Amalia C. and Melissa M., â€Å"Brooklyn Surrogate’s Court judge, Margarita Là ³pez Torres, ruled on Jan. 6 that because New York State had enacted same-sex marriage in 2011 and allowed both women to be listed on the boy’s birth certificate, Amalia was already the child’s parent and could not adopt him.† (McKinley) This ruling has been troubling to gay rights advocates â€Å"because the presumption of parentage may not be respected if they leave the state,† according to Susan Sommer, a lawyer with the Lambda Legal Defense Fund (McKinley). Judge Torres, however, has stated openly that her reason for the ruling was because it places gay marriage on a separate footing from traditional marriage and while she is sensitive to the needs of those whose marriages may not be recognized in another state, she must abide by the laws of New York, which do not allow a heterosexual spouse to adopt a stepchild (McKinley). In The Gay Divorce Trap: When Same-Sex Marriage Goes Wrong., Lizzie Crocker addresses the difficulties faced by gay parents: When a heterosexual couple divorces, a judge determines custody rights—both visitation and child support—based on a child’s best interest. But that issue is complicated for gay couples who raised childrenShow MoreRelatedThe Debate On Marriage And Parenting Rights For Gay And1673 Words   |  7 Pagesrooted in homophobia. Opponents of the LGBT community contend that same sex parenting contradicts the natural order of the world, subjects children to unnecessary societal stigma, and that the state has a right to favor heterosexual norms. However, these concerns are either unfounded or unjustly infringe on the rights of gay and lesbian couples. Consequently, there is no reason to prohibit gay or lesbian couples from obtaining custody of children. Proponents of the natural law ideology, a doctrineRead MoreFamily Law Is An Area That Concern About Legal Issues Involving1283 Words   |  6 Pagesas marriage, divorce, adoption and child custody. Every country has its own family law and its typically influences by the issue, culture and religion in that country. In Malaysia, family law is divided into two categories; Islamic Family Law (Federal Territories) and the Law Reform (Marriage and Divorce). Malaysia is an Islamic country. Hence, this family law distinguishes between Muslims and non-Muslims. The law between each state is more or like the same. As for the United States, the family lawRead MoreLegal Issues For Gay And Lesbian Adoption And Parental Rights1626 Words   |  7 Pagesthe gay and lesbian population presents a unique set of challenges both societal and legal. Whether constitutional or not, special rules apply to same gay and lesbian adoption. Under current legislation, is same sex adoption fully legal and how do the laws on the subject measure with regard to equality to adoption among heterosexual couples in the same state? Once the issue of adoption is overcome what happens with regards to parental rights once the homosexual union is dissolved or the couple partsRead MoreRecognition and Legalization of Same-sex Marriage 1405 Words   |  6 PagesIntroduction Equality is a prominent topic of debate. Although the gay and lesbian community has progressed, the fight for equality remains. Recognition and legalization of same-sex marriage still falls within the minority rule amongst the states, but will soon be the majority. California , Delaware , Connecticut , Hawaii , Illinois , Maine , Maryland , Massachusetts , Minnesota , New Hampshire , New Jersey , New Mexico , New York , Rhode Island , Vermont , Washington , Iowa , and Washington DRead MoreGay Fathers And Their Children1300 Words   |  6 PagesCourt’s ruling in favor of same-sex marriage, may lead some to believe LGBT families are a recent phenomenon. Daniel Winunwe Rivers’ Radical Relations: Lesbian Mothers, Gay Fathers, and Their Children in the United States since World War II brilliantly uncovers the previously untold history of same-sex families. Rivers’ main thesis is that same-sex families challenge both the core cultural American belief that â€Å"family is by definition heterosexual† (p. 2) and the â€Å"myth of same-sex childlessness.† (p.Read More Social and Legal Obstacles of Gay and Lesbian Parenting Essay1677 Words   |  7 Pagesresearchers have estimated that the number of children living with one gay or lesbian parent is six to fourteen million. Some have described this current period as a lesbian and gay â€Å"baby boom†. However, lesbian and gay parents face many social and legal obstacles (Lambda Legal Defense and Educational Fund, 1997). In the past, most gay and lesbian parents lived secretive and protective lives. Not only did gay parents have to face his or her coming out issues and separation from spouse, but also faceRead MoreSame Sex Marriage Is A Fundamental Right870 Words   |  4 PagesUnited States Supreme Court, in a 5-4 decision, held that same-sex marriage is a fundamental right guaranteed by the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution. In consequence, many new legal implications have arose from this decision. For example, now there’ll be same-sex divorces, same-sex spousal rights for life insurance, wills, and the like. What does this all mean legally for same-sex couples? As time progresses, it will become clearer howRead MoreSexual Orientation And Gender Identity863 Words   |  4 PagesUnited States have at least one parent who is either lesbian, gay, or transgender. However, many people feel uncomfortable about being open d ue to their sexual orientation and gender identity due to fears of discrimination; such fears include, but are not limited to, loss of employment, loss of child custody, anti-gay violence and hate crimes. Although many people may have distinctive opinions on certain outcomes or effects that a child may have living in a same-sex family, most research studies showRead MoreMedia And Its Impact On Society Essay1625 Words   |  7 Pagesmany believe it is a slippery slope, I do believe that courts should be more open-minded when awarding custody and visitation, because the rigidity of the law no longer serves our social norms. For instance, it is common in our society for an adult with no marital presumption or biological connection to have an important parental role in a child’s life and serve as a de-facto parent (i.e. same-sex couples, stepparents, and/or cohabitating partners), however the legal system often fails to protect thoseRead MoreSex Marriage And Same Sex Parental Ad option1482 Words   |  6 PagesIntro to LGBT Studies Case Study Part 1: Historical Context Due September 22, 2017 The topics of same-sex marriage and same-sex parental adoption have been controversial and ongoing topics in recent years, which is a drastic change in mainstream society. People of the lesbian, gay, bisexual, and transgender (LBGT) community have had a difficult time in gaining visibility and equal civil liberties, one of which is marriage equality. Same-sex couples have only recently been recognized under the