Last year I blogged about recommendations for state-level changes regarding Minnesota’s parental recognition laws as they pertain to adoption and foster care by same-sex couples. As it stands, Minnesota law is unclear on the legality of joint adoptions and second-parent adoptions; these issues have instead been left up to individual courts to decide.
Last week Minnesota became the 12th state to legalize same-sex marriage by making marriage laws gender-neutral. By legalizing same-sex marriage, Minnesota law will now include married same-sex couples in its adoption and foster care laws that afford such rights to married couples. However, adoption and foster care by unmarried couples, same-sex or otherwise, is still unclear.
For statutory references, see Minn. Stat. 259.21, Minn. Stat. 259.22, 260C.623, and 260C.007.
Every Child Deserves a Family Act
The Every Child Deserves a Family Act, introduced as H.R. 2028 on May 16, 2013 by Rep. John Lewis, would
prohibit discrimination in adoption or foster care placements based on the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved.
This means that should this bill be signed into law, no foster or adoption agency, private or public, that receives federal child welfare funds would be able to deny adoption or foster care placements solely on the prospective adoptive or foster parent’s sexual orientation, gender identity, or marital status. It would allow unmarried couples, same-sex or not, to adopt or foster provided they meet all other requirements (for example, passing background checks).
Opposing views
Proponents of the bill point to the large number of foster children waiting for a permanent family. Rep. Lewis stated in his speech introducing the bill that of the more than 400,000 children in foster care, over 104,000 are waiting for permanency. Prohibiting discrimination based on sexual orientation, gender identity, or marital status, would increase the number of qualified adoptive and foster parents for children involved in the child welfare system, thereby improving permanency outcomes for children.
Opponents of the bill are concerned that it will have a detrimental effect on religious adoption and foster care agencies who receive federal funds to provide these services. For example, in 2011 Illinois passed a law that prohibited state-funded agencies to discriminate against same-sex couples in adoption and foster care service provision. Because Catholic Charities would not change their policy of placing children only with married couples, Catholic Charities lost their state foster care and adoptive services contracts with the state.
What do you think of this bill? How do you see it impacting child welfare practice in Minnesota (were it to pass)?
