LGBT adoption is controversial, with arguments for and against. The “best interests of the child” standard is used to decide family law cases involving children. Opponents argue traditional families are best, while supporters say LGBT adoption is better than foster care or orphanages. LGBT couples frame the issue as a civil rights violation. The trend is towards lifting the ban on LGBT adoption, with courts finding it in the best interests of the child and a violation of LGBT parents’ rights.
Lesbian, gay, bisexual and transgender (LGBT) adoption is a controversial issue in family law circles around the world. There are moral and economic arguments both for and against LGBT adoption. While many jurisdictions still ban the adoption of children by LGBT couples, the trend is that more and more areas are lifting the ban on such adoptions. Increasingly, courts are finding that it is not in the best interests of the child not to allow LGBT adoption.
When discussing the issue of LGBT adoption, one must understand the standard of “best interests of the child”, which is the standard by which most jurisdictions around the world decide family law cases involving children. The ‘best interests of the child’ standard simply states that the decision made by the court must, in the light of the facts in the case, make the decision which reflects the best interests of the child. This is a very flexible standard which depends heavily on the circumstances involving each individual case. In general, this is the question at the heart of the LGBT adoption debate.
The main argument advanced by those who oppose LGBT adoption is that the child would benefit most from having a traditional family with a mother and father. Those who disagree counter the argument that allowing LGBT adoption doesn’t actually get the children out of these traditional homes. Rather, since there are more children than potential adoptive families, the alternative for the children LGBT parents adopt is foster care or an orphanage, which they say is clearly less beneficial than a non-traditional family.
The crux of the LGBT community’s argument against the LGBT adoption ban goes far beyond the practical implications on the child. LGBT couples often frame the subject in terms of civil rights—that is, because it is a basic right to be a parent in most jurisdictions, banning LGBT adoptions is a violation of that right. Opponents of LGBT adoption counter this argument with the point that adoption by LGBT couples is outside this right and the right refers specifically to heterosexual procreation.
The global trend with respect to both of these topics is to lift the ban on LGBT adoption. Courts around the world are finding that it is in the best interests of the child to allow it. Additionally, many jurisdictions are finding that it is in violation of the rights of prospective LGBT parents to prevent them from adopting based on their sexual orientation.
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