widely accepted legal solution for children whose parents are unable, or unwilling, to care for them. In fact, it has only been in 1997 that the Dutch legislat ure extended adoption rights to persons other than married couples; in April of 1998, single persons and unmarried heterosexual couples were allowed to adopt for the first time in modern Dutch history. While both the Netherlands and the United States have policies allowing stepparent adoptions, legal obstacles have existed in both countries if the adoption petitioners were lesbians or gay men, even if these individuals were the de facto parents of the children they sought to adopt. However, recent court decisions in several of the United States have granted same-gender parent adoptions, and a legislative proposal in the Netherlands would allow same-gender couples to adopt, jointly, the children they have been raising together The purpose of this article is to examine these recent changes and compare the different routes these changes have taken. The first section of the article examines the present status of the case law in both countries. It begins with an analysis of the court decisions in the United States where case law now makes it legal in numerous states for gays and lesbians to adopt, either as >co-parents= or as >strangers=*of the child. The section also includes an analysis of the In the United States, there are over 100,000 children who are eligible for adoption. See Proclamation No. 7145, 3 C.F.R., 1998 Comp., p. 111, 63 Fed. Reg. 59, 203(1998). >Preliminary reports from 42 states for federal fiscal year 1998 project adoptions of at least 36, 000 foster children, which includes increases of 7, 859 over the average number of adoptions from the previous three years. Joe Kroll, 1998 U.S. Adoptions from Foster Care Projected to Exceed 36,000, North American Council on AdoptableChildrenAdoptalk,Winter1999,http://members.aolcom/nacac/1998adoptions.htmlAbout 50 to 100 Dutch children are available for adoption each year. DE GROTE ALMANAK VOORINFORMATIE EN ADVIES (Utrecht: NIZW, 1997), at 525; Kamerstukken 11994/95, 22700, nr 5, p. 13. In 1996, 704 foreign-born children were adopted by Dutch citizens; in 1995, there were 661; and in 1994, only 594 Persbericht Ministerie van Justitie. 13 maart 1997 Wet van 24 december 1997 tot herziening van het afstammingsrecht alsmede van de regeling van adoptie,SYb.1997,772,Art.227232BW(1997) n The persons adopting must be 18 years older than the child, and the parents(the legal parents, not a donor or biological father who has not recognized the child) must consent to the adoption request; Stb 997, 772, Art. 228 lid I sub c and d Bw(1997). The criteria for adoptions by couples require that the couples have cohabited for three continuous years before the adoption request and that they have taken care of and brought up the child for at least one year; Stb. 1997, 772, Art. 227 lid 2 BW(1997); Sib. 1997, 772, Art. 228 1 f. BW(1997). A single person must have taken care of and brought up the child for three continuous years before he or she can adopt; Stb. 1997, 772, Art. 228. 1.f. BW(1997) 12 Wijziging van Boek 1 van het Burgerlijk Wetboek(adoptie door personen van hetzelfde geslacht) Kamerstukken 1/1998/99, 26 673, nr 2(voorstel van wet)en nr 3(memorie van toelichting). For an English translation of the text of the bill, see the summary translation by Kees Waaldijk(Leiden University),postedtotheInternetonjUly28,1999,http://www.coc.nl/index.html?file=marriage >Co-parent= adoptions refer to those adoptions in which a person in a same-gender relationship who does not have a legal relationship to the child adopts his or her partner=s child, without severing his or her partner=s parental rights to the child >Stranger= adoptions refer to those adoptions in which neither adoptive parent has a prior legal relationship with the childwidely accepted legal solution for children whose parents are unable, or unwilling, to care for them.9 In fact, it has only been in 1997 that the Dutch legislature extended adoption rights to persons other than married couples;10 in April of 1998, single persons and unmarried heterosexual couples were allowed to adopt for the first time in modern Dutch history.11 While both the Netherlands and the United States have policies allowing stepparent adoptions, legal obstacles have existed in both countries if the adoption petitioners were lesbians or gay men, even if these individuals were the de facto parents of the children they sought to adopt. However, recent court decisions in several of the United States have granted same-gender parent adoptions, and a legislative proposal in the Netherlands12 would allow same-gender couples to adopt, jointly, the children they have been raising together. The purpose of this article is to examine these recent changes and compare the different routes these changes have taken. The first section of the article examines the present status of the case law in both countries. It begins with an analysis of the court decisions in the United States, where case law now makes it legal in numerous states for gays and lesbians to adopt, either as >co-parents= 13 or as >strangers= 14 of the child. The section also includes an analysis of the 9 In the United States, there are over 100,000 children who are eligible for adoption. See Proclamation No. 7145, 3 C.F.R., 1998 Comp., p. 111, 63 Fed. Reg. 59,203 (1998). >Preliminary reports from 42 states for federal fiscal year 1998 project adoptions of at least 36,000 foster children, which includes increases of 7,859 over the average number of adoptions from the previous three years.= Joe Kroll, 1998 U.S. Adoptions from Foster Care Projected to Exceed 36,000, North American Council on Adoptable Children, Adoptalk, Winter, 1999, http://members.aol.com/nacac/1998_Adoptions.html. About 50 to 100 Dutch children are available for adoption each year. DE GROTE ALMANAK VOOR INFORMATIE EN ADVIES (Utrecht: NIZW, 1997), at 525; Kamerstukken II 1994/95, 22 700, nr. 5, p. 13. In 1996, 704 foreign-born children were adopted by Dutch citizens; in 1995, there were 661; and in 1994, only 594. Persbericht Ministerie van Justitie, 13 maart 1997. 10 Wet van 24 december 1997 tot herziening van het afstammingsrecht alsmede van de regeling van adoptie, Stb. 1997, 772, Art. 227-232 BW (1997). 11 The persons adopting must be 18 years older than the child, and the parents (the legal parents, not a donor or biological father who has not recognized the child) must consent to the adoption request; Stb. 1997, 772, Art. 228 lid 1 sub c and d BW (1997). The criteria for adoptions by couples require that the couples have cohabited for three continuous years before the adoption request and that they have taken care of and brought up the child for at least one year; Stb. 1997, 772, Art. 227 lid 2 BW (1997); Stb. 1997, 772, Art. 228.1.f. BW (1997). A single person must have taken care of and brought up the child for three continuous years before he or she can adopt; Stb. 1997, 772, Art. 228.1.f. BW (1997). 12 Wijziging van Boek 1 van het Burgerlijk Wetboek (adoptie door personen van hetzelfde geslacht), Kamerstukken II 1998/99, 26 673, nr. 2 (voorstel van wet) en nr. 3 (memorie van toelichting). For an English translation of the text of the bill, see the summary translation by Kees Waaldijk (Leiden University), posted to the Internet on July 28, 1999, http://www.coc.nl/index.html?file=marriage 13 >Co-parent= adoptions refer to those adoptions in which a person in a same-gender relationship who does not have a legal relationship to the child adopts his or her partner=s child, without severing his or her partner=s parental rights to the child. 14 >Stranger= adoptions refer to those adoptions in which neither adoptive parent has a prior legal relationship with the child