Same-Sex Adoptions

To contact us Click HERE


AlisonM. Smith
Legislative Attorney

Whilethe federal government plays a role in supporting adoption through grants andtax benefits, states have the primary responsibility in setting policy togovern child adoption. As such, states may restrict adoption based on amyriad of factors including sexual orientation and/or marital status. Forexample, while most states are silent on the issue of adoption by gay and/orlesbian individuals or same-sex couples, states such as Florida, Arkansas,and Mississippi have statutory provisions which prevent such individualsor couples from adopting. However, lower courts in Florida and Arkansashave found such bans unconstitutional on state equal protection grounds. Whilestate courts have struck down such statutory provisions, the only federal courtto address the issue reached a contrary result. In a matter of firstimpression, the United States Court of Appeals for the 11th Circuit foundthat Florida’s ban does not violate equal protection or due process underthe 14th Amendment of the U.S. Constitution.

This report summarizes state laws concerning non-relative adoption byhomosexual individuals and couples.


Date of Report: September 13, 2012
Number of Pages: 6
Order Number: RS21191
Price: $19.95

To Order:


RS21191.pdf to use the SECURE SHOPPING CART

e-mail congress@pennyhill.com

Phone301-253-0881

For email and phone orders, provide a Visa, MasterCard, American Express, or Discover cardnumber, expiration date, and name on the card. Indicate whether you want e-mailor postal delivery. Phone orders are preferred and receive priority processing.