recent Dutch case before the Hoge raad, involving a request for a co-parent adoption by two women who were raising their children together as a family. The next section of the article sets out the current status of Dutch law as it affects gay and lesbian co-parents, including present adoption laws, joint parental authority, and registered partnerships. The article=s fourth section examines proposed legislation in the two countries concerning the right of same-gender couple of the Dutch and American legal histories concerning same-gender co-parent adoptions. Thesis and homosexuals in general, to adopt. The article then concludes with a comparison and analysis section examines the differences in the two countries= legal systems, the social status of homosexuals, the social acceptance of adoption, and each country=s underlying assumptions about family law. The article concludes by pointing out how recognition of same-gender co- parent adoption is in the best interest of the children raised by same-gender couples 2. Case law 2.1 an case law Many gay men and lesbians have children. Gay men may have children from prior marriages they may find a willing surrogate to carry their child, they may father children born to lesbian friends, or they may adopt a child as a single parent. Lesbians may also have children from previous marriages or they may adopt a child as a single parent; most often, however, lesbian couples decide that one or both of the women will have children by alternative insemination, 6 ither with a known donor or an anonymous donor through the services of a sperm bank. In many of these situations, the co-parent wants to ad opt the children so there is legal protection for the children who are being raised in a two-parent household. 8 homo. There is only one state in the United States that has specific legislation prohibiting sexuals from ad opting children, Florida. 9 In the other 49 states, however, it is possible for Kantrowitz, supra note 2: Warmerdam and Gort, supra note 3 The term >alternative insemination= is used in place of >artificial insemination= because of the connotation of the word >artificial, which implies that the child conceived under this procedure is not real. >Alternative insemination= as used in this article refers to medically assisted alternative insemination as well as self-insemination Craig w. Christensen, Legal Ordering of family Values: The Case of gay and Lesbian Families ZOL.REV.1299,1351(199 See infra notes 25-28 for citations to the American cases. See also the Dutch case HR 5 september 1997, NJ1998, 686, rek nr. 8940 FLA STAT. ANN. 63.042(3)(West 1985). New Hampshire also had a statute prohibiting homosexuals from adopting children, N H. REV. STAT. ANN. 170-B: 4(1994 ). However, on May 3, 1999 the statute was repealed, H B. No. 90, 1999 Sess.(NH 1999). The Florida statutory prohibition may be challengeable under a recent U.S. Supreme Court decision, Romer v. Evans, 517 U.S. 620, 116.Ct. 1620recent Dutch case before the Hoge Raad, involving a request for a co-parent adoption by two women who were raising their children together as a family. The next section of the article sets out the current status of Dutch law as it affects gay and lesbian co-parents, including present adoption laws, joint parental authority, and registered partnerships. The article=s fourth section examines proposed legislation in the two countries concerning the right of same-gender couples, and homosexuals in general, to adopt. The article then concludes with a comparison and analysis of the Dutch and American legal histories concerning same-gender co-parent adoptions. This section examines the differences in the two countries= legal systems, the social status of homosexuals, the social acceptance of adoption, and each country=s underlying assumptions about family law. The article concludes by pointing out how recognition of same-gender co￾parent adoption is in the best interest of the children raised by same-gender couples. 2. Case law 2.1 American case law 2.1.1 Co-parent adoptions Many gay men and lesbians have children.15 Gay men may have children from prior marriages, they may find a willing surrogate to carry their child, they may father children born to lesbian friends, or they may adopt a child as a single parent. Lesbians may also have children from previous marriages or they may adopt a child as a single parent; most often, however, lesbian couples decide that one or both of the women will have children by alternative insemination,16 either with a known donor or an anonymous donor through the services of a sperm bank.17 In many of these situations, the co-parent wants to adopt the children so there is legal protection for the children who are being raised in a two-parent household.18 There is only one state in the United States that has specific legislation prohibiting homosexuals from adopting children, Florida.19 In the other 49 states, however, it is possible for 15 Kantrowitz, supra note 2; Warmerdam and Gort, supra note 3. 16 The term >alternative insemination= is used in place of >artificial insemination= because of the connotation of the word >artificial,= which implies that the child conceived under this procedure is not real. >Alternative insemination= as used in this article refers to medically assisted alternative insemination as well as self-insemination. 17 Craig W. Christensen, Legal Ordering of Family Values: The Case of Gay and Lesbian Families, 18 CARDOZO L. REV. 1299, 1351 (1997). 18 See infra notes 25-28 for citations to the American cases. See also the Dutch case HR 5 september 1997, NJ 1998, 686, rek.nr. 8940. 19 FLA. STAT. ANN. ' 63.042(3) (West 1985). New Hampshire also had a statute prohibiting homosexuals from adopting children, N.H. REV. STAT. ANN. ' 170-B:4 (1994). However, on May 3, 1999, the statute was repealed, H.B. No. 90, 1999 Sess. (NH 1999). The Florida statutory prohibition may be challengeable under a recent U.S. Supreme Court decision, Romer v. Evans, 517 U.S. 620, 116 S.Ct. 1620