Lisa Finlayson

Professor Hailey Haffy

English 2850-001
July 23, 2015
SAME-SEX VERSE HETEROSEXUAL PARENTS; ARE THEY DIFFERENT OR
EQUAL?
Should same-sex parents have to adopt their child to be considered a legal parent?
Lesbian mothers' and gay fathers' parenting skills may be superior to those of matched
heterosexual couples.1 Is the well-being of a child in danger when raised by same-sex
relationships or marriage?
Same-sex parents shouldnt have to adopt their child, but LGBT parents are advised
legally to adopt their child, so it will ensure there parental rights are fully protected in every
state.2 A second parent adoption is the legal procedure by which a co-parent adopts his or her
partners child without terminating the partners parental rights, regardless of marital status. As a
result of the adoption, the child has two legal parents, and both partners have equal legal status in
terms of their relationship to the child. 3 There is another adoption that if you are a married
same-sex couple then you can use the stepparent adoption.4 Having an adoption take place the
non-biological parent can become a legal parent and have all the rights to their child. Utah is one
of the few states that has said, that a non-legal parent has no ability to seek custody or visitation
1 "Lesbian & Gay Parenting." American Psychological Association, 2005. Web. 23 July 2015.
2 LEGAL RECOGNITION OF LGBT FAMILIES. National Center for Lesbian Rights.2015.
2.23 July 2015.

3 Bid.
4 Bid.

Web. Pg

Lisa Finlayson
Professor Hailey Haffy
English 2850-001
July 23, 2015
with the child of his or her former partner, even when he or she has been an equally contributing
caretaker of the child.5 I think that is so sad for the child as they dont think, Oh, thats my legal
parent and thats my non-legal parent. Children thinks they are both their parents and have the
right to see them both.
In the case: Jones v Barlow, a lesbian couple who entered into a civil union in Vermont,
decided to have a child together through artificial insemination. After the child turned two they
decided to end the relationship, but they were living in Utah, were their civil union was not
recognized. Barlow didnt want Jones to have any parental rights to their daughter. Jones took the
case to court and was granted visitation rights and was ordered to pay child support. Barlow
appealed and the court ruled that Jones was a loco parentis.6 The doctrine of loco parentis is
applied when someone who is not a legal parent nevertheless assumes the role of a parent in a
child's life. Supreme court of Utah endorsed the common law principle that when an individual
enters into an in loco parentis relationship with a child, the reciprocal rights, duties, and
obligations of parent and child continue as long as such relation continues. 7 By this definition,
the Utah Supreme Court reversed the trial court decision and abolished protections for all

5 Bid, 5.
6 "FindLaw's Supreme Court of Utah Case and Opinions." Findlaw. Web. 23 July 2015
7 Bid.

Lisa Finlayson
Professor Hailey Haffy
English 2850-001
July 23, 2015
children with non-biological parents rather than provide these protections equally to children
with lesbian parents.8
This is a sad case, which is why LGBT couples are advised to have the non-legal parent
to adopt the child. Legally, being a loco parentis should give you rights as you are taking on the
rules of a parent. The Utah Supreme Court can decide Oh, youre just pretending as youre in
that relationship to be a parent. One cannot pretend to be a parent and not have any emotional
connections to that child. Regardless of sexual orientation, parents need to be the grownups and
stop thinking about themselves, and instead think about the child and the potential damage done
to them by taking one parent away.
It will be interesting to see if same-sex married couples will still be encouraged to adopt
their children, since the U.S. Supreme Court decision on June 26, 2015, which it ruled that the
Constitution guarantees the right to same-sex marriage. Before the ruling, 36 states and the
District of Columbia authorized gay marriage, and the Courts decision compels all 50 states to
do so. 9
Three concerns have historically been associated with judicial decision making in
custody litigation and public policies governing foster care and adoption: the

8 "Case Summary & History." Case: Jones v. Barlow. Web. 23 July 2015.
9 "Same-sex Marriage and Children's Well-being: Research roundup - Journalist's Resource."
Resource. 26 June 2015. Web. 23 July 2015.

Journalists

Lisa Finlayson
Professor Hailey Haffy
English 2850-001
July 23, 2015
belief that lesbians and gay men are mentally ill, that lesbians are less maternal
than heterosexual women, and that lesbians' and gay men's relationships with
sexual partners leave little time for ongoing parentchild interactions10
The belief that homosexuals are mentally ill has been disproven by extensive research
conducted over three decades showing that homosexual orientation is not a psychological
maladjustment, and was removed from the list of mental disorders. 11 Its easier for society to say
youre an unfit parent if you have a mental ill. Homosexuals are just as capable as heterosexual
to care for a child and shouldnt be judged on their sexuality alone. Research has shown that
lesbian and heterosexual women do not differ markedly either in their overall mental health or in
their approaches to child rearing.12 All women are inherently maternal, no matter if they are
homosexual or heterosexual; its just a nature think that women have. Research has found that
homosexual couples divide household and family labor relatively evenly and are happy with
their couple relationship. 13 I feel in any relationship you have to divide and share household and
family labors as it make a happier relationship.

10 "Lesbian & Gay Parenting." American Psychological Association, 2005. Web. 23 July 2015.
11 Bid.
12 Bid.
13 Bid.

Lisa Finlayson
Professor Hailey Haffy
English 2850-001
July 23, 2015
Lesbian mothers' and gay fathers' parenting skills may be superior to those of matched
heterosexual couples, 14by reports that lesbian couples' parenting awareness skills were stronger
than those of heterosexual couples. This was attributed to greater parenting awareness among
lesbian nonbiological mothers than among heterosexual fathers. In one study, Brewaeys and her
colleagues (1997) likewise reported more favorable patterns of parentchild interaction among
lesbian as compared to heterosexual parents, but in another, they found greater similarities. There
are always going to be better parents than others, but it isnt based on if youre homosexual or
heterosexual. The courts have voiced three major fears about the influence of lesbian and gay
parents on children. The first of these fears is that development of sexual identity will be
impaired among children of lesbian and gay parents. That children would be shown disturbances
in gender identity and/or in gender role behavior, through several studies of gender identity they
have found there was no evidence of any difficulties among children of lesbian mothers.15
Homosexuality is something that is not taught but is a natural occurring thing.
The second fear of the influence of lesbian and gay parents on children is that children in
the custody of gay or lesbian parents will be more vulnerable to mental breakdown, will exhibit
more adjustment difficulties and behavior problems, and will be less psychologically healthy
than other children.16 Studies have revealed no major differences between children of lesbian
14 Bid.
15 Bid.
16 Bid.

Lisa Finlayson
Professor Hailey Haffy
English 2850-001
July 23, 2015
versus heterosexual mothers. One statistically significant difference in self-concept emerged in
Patterson's (1994a) study: Children of lesbian mothers reported greater symptoms of stress but
also a greater overall sense of well-being than did children in a comparison group; but this result
has yet to be replicated.17 I work in a pediatric office and our psychologist said when she is
helping children with behavior problems there are a lot more factors than just the parents and you
cant base your findings on if the parents are homosexual or heterosexual.
The third fear of the influence of lesbian and gay parents on children are that children of
lesbian and gay parents may experience difficulty in social relationships and the concern that
children living with lesbian mothers or gay fathers may be stigmatized, teased, or otherwise
victimized by peers. Another common fear is that children living with gay or lesbian parents may
be more likely to be sexually abused by the parent or by the parent's friends or acquaintances.18
In the studies they found that most school-aged children reported same-sex best friends and
predominantly same-sex peer groups. The quality of children's peer relations was described, on
average, in positive terms by researchers; young adult offspring of divorced lesbian mothers did
not recall being the targets of any more childhood teasing or victimization than did the offspring
of divorced heterosexual mothers. Adolescent relationships with their parents have been
described as equally warm and caring, regardless of whether parents have same- or opposite-sex
partners, and fears that children in custody of lesbian or gay parents might be at heightened risk
17 Bid.
18 Bid.

Lisa Finlayson
Professor Hailey Haffy
English 2850-001
July 23, 2015
for sexual abuse are without basis in the research literature.19 Society has a long history of
making accusations about people who are outside the norm. I see it first hand at work, as we
have several homosexual families and they are amazing parents and their children are so happy
and you wouldnt be able to tell that they didnt have heterosexual parents.
One would hope after reading all the studies that have been done, you will be able to
better understanding how homosexual are just as equal as a heterosexual couple. Homosexuals
should have all the rights and privileges as heterosexual do on being legal parents to their
children. Homosexuals are just as amazing as the heterosexual parents in rearing their children.

19 Bid.

Lisa Finlayson
Professor Hailey Haffy
English 2850-001
July 23, 2015

Work Cited
"Case Summary & History." Case: Jones v. Barlow. Web. 23 July 2015.
"FindLaw's Supreme Court of Utah Case and Opinions." Findlaw. Web. 23 July 2015.
LEGAL RECOGNITION OF LGBT FAMILIES. National Center for Lesbian
Rights.2015.Web. 23 July 2015.
"Lesbian & Gay Parenting." American Psychological Association, 2005. Web. 23 July 2015.
"Same-sex Marriage and Children's Well-being: Research roundup - Journalist's Resource."
Journalists Resource. 26 June 2015. Web. 23 July 2015.

Lisa Finlayson
Professor Hailey Haffy
English 2850-001
July 23, 2015