10 Years Out of Step & Out of Line: Florida’s Statutory Ban of ‘Lesbi-Gay Adoption’ Violates the Adoption and Safe Familes Act of 1997 (ASFA) Article
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Cynthia Hawkins DeBose and Anesha Worthy, 10 Years Out of Step & Out of Line: Florida’s Statutory Ban of ‘Lesbi-Gay Adoption’ Violates the Adoption and Safe Familes Act of 1997 (ASFA), 8 U. Md. L.J. Race Relig. Gender & Class 71 (2008)Clicking on the button will copy the full recommended citation.
The U.S. child welfare and foster care systems have both received considerable criticism. These criticisms include, for example, that 'if a child survives foster care, it's not because of the system, it's despite the system and if the nation had deliberately designed a system that would... abandon the children who depend on it, it could not have done a better job than the present child welfare system.
This article argues that Florida's ban on lesbi-gay adoption is inconsistent with ASFA (Adoption and Safe Families Act). Excluding lesbian and gay individuals from eligibility to adopt children directly conflicts with ASFA's mandate to quickly find safe, permanent homes for children in foster care. Repealing the law that bans lesbi-gay adoption would help Florida meet ASFA's goal by increasing the number of potential adoptive parents and, therefore, the likelihood of finding permanent homes for children. Following this Introduction, Part II give a cursory overview of the history and development of foster care and adoption in the United States and Florida, and then briefly highlights the history, policies, and rationales behind AFSA. Part III argues that repealing the ban on lesbi-gay adoption is consistent with ASFA. Part III then addresses the validity of arguments against repealing the adoption ban. Finally, Part IV recommends that Florida repeal its statute banning gays and lesbians from adopting children and discusses why alternatives other than repealing the ban will not work.