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children raised in these families, usually upon their dissolution. At that point courts are left to vindicate the public interest in the children=s financial support and emotional well-being by developing theories of parenthood, so that >legal strangers= who are de facto parents may be awarded custody or visitation or reached for support. Case law and commentary on the subject detail the years of litigation spent in settling these difficult issues while the children remain in limbo sometimes denied the affection of a >parent=who has been with them from birth It is surely in the best interests of children, and the state, to facilitate adoptions in these circumstances so that legal rights and responsibil ities may be determine now and any problems that arise later may be resolved within the recognized framework of domestic relations law We are not called upon to approve or disapprove of the relationship between the appellants. Whether we do or not, the fact remains that [the co-parent petitioning for the adoption] has acted as a parent of [these two children] from the moment they were born. To deny legal protection of their [parent-child lationship as a matter of law, is inconsistent with the children=s best interests and therefore with the public policy of this state, as expressed in our statutes affecting children The courts granting the adoption discuss the importance of providing legal protection to the emotional reality that the children of same-gender partnerships have two parents. In addition, the social and economic implications of granting the adoption in the United States are quite significant. The highest appellate court in the state of New Y ork spoke directly to these issues when it stated The advantages which would result from such an adoption include Social Securit and life insurance benefits in the event of a parent=s death or disability, the right o sue for the wrongful death of a parent, the right to inherit under the rules of intestacy and eligibility for coverage under both parents= health insurance policies In addition, granting a second parent adoption further ensures that two adults are legally entitled to make med ical decisions for the child in case of emergency and are under a legal obligation for the child =s economic support Even more important, however, is the emotional security of knowing that in the event of the biological parent=s death or disability, the other parent will have presumptive custody, and the children=s relationship with their parents siblings and other relatives will continue should the coparents separate. 45 Citations omitted] Adoptions of B. L.V.B.andE.LⅤB.,160Vt.368,373,375,376,628A2d1271,1274,12 1276, 27A. L.R.5th 819(1993). Contrary to the American courts, the Dutch courts do not truly look at the best interest of the child in every situation; see HR 5 september 1997, NJ1998, 686, rek nr 8940 Matter of jacob,86N.Y.2d651,636NY.S.2d716,660N.E.2d397(1995)(a Matter of Dana, which the court combined with Matter of Jacob)children raised in these families, usually upon their dissolution. At that point, courts are left to vindicate the public interest in the children=s financial support and emotional well-being by developing theories of parenthood, so that >legal strangers= who are de facto parents may be awarded custody or visitation or reached for support. Case law and commentary on the subject detail the years of litigation spent in settling these difficult issues while the children remain in limbo, sometimes denied the affection of a >parent= who has been with them from birth. . . . It is surely in the best interests of children, and the state, to facilitate adoptions in these circumstances so that legal rights and responsibilities may be determined now and any problems that arise later may be resolved within the recognized framework of domestic relations law. We are not called upon to approve or disapprove of the relationship between the appellants. Whether we do or not, the fact remains that [the co-parent petitioning for the adoption] has acted as a parent of [these two children] from the moment they were born. To deny legal protection of their [parent-child] relationship, as a matter of law, is inconsistent with the children=s best interests and therefore with the public policy of this state, as expressed in our statutes affecting children.44 The courts granting the adoption discuss the importance of providing legal protection to the emotional reality that the children of same-gender partnerships have two parents. In addition, the social and economic implications of granting the adoption in the United States are quite significant. The highest appellate court in the state of New York spoke directly to these issues when it stated: The advantages which would result from such an adoption include Social Security and life insurance benefits in the event of a parent=s death or disability, the right to sue for the wrongful death of a parent, the right to inherit under the rules of intestacy and eligibility for coverage under both parents= health insurance policies. In addition, granting a second parent adoption further ensures that two adults are legally entitled to make medical decisions for the child in case of emergency and are under a legal obligation for the child=s economic support. Even more important, however, is the emotional security of knowing that in the event of the biological parent=s death or disability, the other parent will have presumptive custody, and the children=s relationship with their parents, siblings and other relatives will continue should the coparents separate.45 [Citations omitted] 44 Adoptions of B.L.V.B. and E.L.V.B., 160 Vt. 368, 373, 375, 376; 628 A.2d 1271, 1274, 1275, 1276, 27 A.L.R.5th 819 (1993). Contrary to the American courts, the Dutch courts do not truly look at the best interest of the child in every situation; see HR 5 september 1997, NJ 1998, 686, rek.nr. 8940. 45 Matter of Jacob, 86 N.Y.2d 651, 636 N.Y.S.2d 716, 660 N.E.2d 397 (1995) (also involving Matter of Dana, which the court combined with Matter of Jacob)
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