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Proposed Law Would Penalize States With Discriminatory Adoption Policies

A member of the U.S. House of Representatives has introduced a bill that would limit federal funding to states whose adoption or foster care rules discriminate on the basis of marital status or sexual orientation.

An Oct. 19 Washington Blade article by Chris Johnson provided the following details about the efforts of U.S. Rep. Pete Stark (D-Calif.):
Stark said in an interview that he introduced the legislation, H.R. 3827, in part because thousands of children each year "age out" of the child welfare system without finding homes.

"We got 25,000 kids a year maturing out of the welfare system without permanent foster care or adoptive care, and the prospects of those children having a successful adult life are diminished greatly," he said. "These are kids who end up in the criminal justice system, or end up homeless."

States with explicit restrictions on adoption that the pending legislation would affect are Utah, Florida, Arkansas, Nebraska and Mississippi. Florida, for example, has a statute specifically prohibiting gays from adopting, and in Arkansas, voters last year approved Act 1, which prevents unmarried co-habitating couples, including same-sex partners, from adopting children.

The legislation, Stark said, also would restrict funds for states where restrictions are put in place by agencies, individual social workers or judges, or where restrictions are part of the common law of the state.

Labels: legislation, adoption rights, same-sex couples

Posted By: Aspen/CRC