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Adoption News

Gongwer News Service 02/13/2007

Child Advocates: Second Parent Adoption Imperative

Unmarried couples should have the same rights to jointly adopt a
child as married couples have, and legal parents who already have
adopted a child should not have to relinquish their parental rights
on their deathbed so that a relative can take care of their child, a
group of child advocates said Monday in announcing their support for
a House bill that would create second parent adoptions in Michigan.

Rep. Paul Condino (D-Southfield) is re-introducing a measure from
last session in what will be HB 4259, which grants two unmarried
persons the right to jointly adopt a child in the state, as well as
specifying that an existing legal parent would not need to terminate
his or her rights in order to consent to a second person adopting the
child.

There are approximately 17,000 children in Michigan's foster care
system, of which 4,000 to 6,000 are eligible for adoption. The
group said there was no estimation for how many of those children
were placed into the state's care because of a situation in which
they had only one legal parent, but that the legislation would open
more doors for people looking to adopt in Michigan and therefore
directly impact those 4,000 to 6,000 children.

"Study after study shows how important a safe, loving home with two
stable parents is to children," Mr. Condino said. "While it would
be ideal to hope that all of these parents would be married to each
other, many adults do not or cannot marry for a variety of reasons.
Their children should not bear the legal burden of this decision."

Antonio Grettenberger, a student at Lansing Community College, said
he was legally adopted by one parent when he was 13 years old and
while actually having two parents provided him with emotional
stability, he didn't understand why the other parent in the couple
couldn't do things like sign his school report card. A judge
finally ruled when Mr. Grettenberger was a minor that both of his
mothers could legally be his parents, but Mr. Condino said he
was "one of the lucky ones."

A variety of differing court opinions on the matter is what led Mr.
Condino to introduce the legislation, he said. As chair of the
House Judiciary Committee, Mr. Condino said he would bring the bill
up for a hearing on May 2.

The issue of second parent adoption has opened the lexicon of public
discourse into whether gay couples should be allowed to adopt,
particularly in wake of a 2004 ballot proposal that amended
Michigan's Constitution to define marriage as being between one man
and one woman. The Department of Attorney General has argued, with
some courts affirming, that voters' passage of that proposal extends
to health benefits given to same-sex partners by public entities.

The Department of Attorney General declined to comment on the
legislation.

But William Long, an attorney and licensed social worker, said, "The
key here is we are talking about support for children, not gay
marriage. I don't see the constitutional amendment conflicting at
all."

Mr. Long said under current law, apparent who has a will could
designate someone to be his or her child's guardian, but that is not
the same as being a child's legal parent in every respect and
guardianship can be challenged in the courts.

And Maxine Thome, executive director of the National Association of
Social Workers, said, "Recent research has shown that children raised
by same-sex parents fare as well in all indicators such as grades,
social and emotional well-being and responsibility, as those raised
by opposite-sex parents. Whether or not individuals are married has
not been proven to be an indicator of lasting relationships or an
ability to parent. The ability for a second parent to adopt allows
for greater security around decision-making, health benefits,
emergency medical decisions, shared legal decisions and shared
financial responsibility. "

The Michigan Catholic Conference wanted to wait to see specific
wording in the legislation before commenting, said spokesperson Dave
Maluchnik, but the Conference's vice president for public policy Paul
Long did say, "Public policy in Michigan regarding adoption must be
crafted within the framework of marriage and the traditional family
structure. While recognizing those married couples unable to bring
children into their lives, the Michigan Catholic Conference believes
the presence of a married mother and father is the optimal setting
for the education and growth of children."

Dawn Mead, a social worker in the Lansing area, said she believes the
second parent adoption legislation would run cooperatively with the
Department of Human Services' Family-to-Family program.

"I have assisted numerous families where an unmarried person or
grandparent has adopted a child only to have life situations change
through death, illness or other circumstances. Children have lost
access to health care, have reentered the foster care system and/or
are left to fend for themselves," she said, adding that under the
legislation, a second parent would not have to go through the system
to re-adopt their child through more fees and court visits.

Also in support of the legislation is the Michigan Women's
Commission, American Bar Association, American Psychiatric
Association, American Psychoanalytic Association, Child Welfare
League of America, North American Council of Adoptable Children,
American Academy of Pediatrics along with 93 congregations in the
Episcopal Diocese of Michigan.

Mr. Condino said the challenge ahead will be educating all 148
legislators on the legislation, though he said several have already
come up to him to inquire about it and that the bill is part of a
caucus agenda Democrats are looking to pass. Mr. Condino also said
that Governor Jennifer Granholm is behind the legislation.

Detroit Free Press Editorial on Adoption Published March 8, 2005

Adoption: Base policy on parental fitness, not marital status

If two adults who are married can adopt a child and a single adult who is unmarried can adopt a child, should not two single adults living in the same household be able to adopt a child? It only makes sense.

But Michigan Children's Ombudsman Lynne Martinez bought herself a boatload of drama when she offered that logic in her most recent report to the governor and Legislature. Among the seven recommendations in the report -- issued last October but apparently not read by some lawmakers until last week -- Martinez suggests that the state adoption code be changed so as not to automatically disqualify two unmarried adults from adopting.

Her rationale is simple: "All decisions regarding who should be given consent to legally adopt a child should be based on parental fitness, not on marital status."

That drew a tirade on the Senate floor last week from Sen. Alan Cropsey, R-DeWitt, who accused Martinez and the entire administration of Gov. Jennifer Granholm -- who appoints the ombudsman -- of saying marriage doesn't matter. Cropsey called the Martinez proposal drivel and an attempt to circumvent the ban on gay marriage that state voters approved last year.

That's a red herring. The focus should be on what's best for children, and loving supportive parents always are.

Martinez's report points out that unrelated adults may be foster parents to a child, but if they form a bond with that child and want to become legally responsible, only one of them may actually adopt. That means the child would be limited to health benefits from only one parent, even though the other may have a more complete policy; only one parent could authorize health care; if one parent dies, the child might collect Social Security or other financial benefits, but if the other does, the child would not; and if the non-adoptive parent should die or become incapacitated, the child would have no legal relationship to the other adult in the household. It also means only one parent would be liable for child support if the two should separate.

Making dual-parent adoption a legal option would extend all of those benefits and responsibilities to both adults, and that is in the best interest of any child.

Copyright © 2005 Detroit Free Press Inc.