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ducate, pamper and generally raise them in the same ways heterosexual parents raise thei children. Even though children in same-gender relationships are reared by two loving parents, for most of these couples the nonbiological parent does not have the same legal options to establish the rights and responsibilities that heterosexual couples have in relation to the children they are raising. However, recent developments in both the United States and the Netherland have begun to change the precarious legal status of the nonbiological parent in these families The policies of both the Netherlands and the United States recognize that, if possible, it is best to have two parents in the household. For instance, if a parent dies and the remaining parent remarries, the adoption legislation in both countries makes it possible for the stepparent to adopt a child born of the previous union. In addition to the stepparent situation, it is the general policy in the United States that adoption is preferable either to institutionalization or foster care. On the other hand, in other than the stepparent context, adoption in the Netherlands has not been a A Breweays, DONOR INSEMINATION: FAMILY RELATIONSHIPS AND CHILD DEVELOPMENT IN LESBIAN AND HETEROSEXUAL FAMILIES (Leiden: Rijksuniversiteit Leiden, 1997)(in which the book=s general conclusion states that lesbian families do not raise their children differently from heterosexual families). Recently, at the Society for Research and Development on Child Development, papers were presented on studies of children in lesbian and non-lesbian homes. The studies were done in the U. S Britain, and the Netherlands. The findings showed there were no significant differences except in one aspect:>..90 percent of the lesbian coparents took an active role in raising the children, while onl bout 37 percent of the heterosexual fathers did the same. Cooper, supra note 4 For example, in cases of stepparent adoptions, the judge has the authority to waive certain statutory requirements, such as a social worker=s report on the appropriateness of the adoptive home. See MASS. ANN. LAwS ch 210, 5A(Law. Co-op. 1994). In other states, these reports may not be required at all in stepparent adoptions. See ARK. CODE ANN. 9-9-212(c)(Michie 1993): IND CODE ANN. 31-19-7 I Sec. 1 (West Supp. 1997); KAN. STAT. ANN. 59-2132(h)(1994); MONT. CODE ANN. 40-8-122(1) (1995),ND.CENT.CODE'14-15-11(5)(1991) Between 1980 and 1990, stepparent adoptions of Dutch children have more than tripled, from 105 in 1980 to 357 in 1990. Nora Holtrust. AAN MOEDERS KNIE. DE JURIDISCHE AFSTAMMINGSRELATIE TUSSEN MOEDER EN KIND(Nijmegen: Ars Aequi Libri, 1993), at p. 191 and pp 205-10 For instance, in Alabama, subsidies are given after an adoption, ALA. CODE26-10-25(1992): Florida says in its statute that >It]he Legislature finds that 7 out of 10 children placed in foster care do not return to their biological families after the first year and that permanent homes could be found for many of these children if their status were reviewed periodically .. = FLA STAT. ANN. 39.45(1)(West 1988) Maryland states that one of its goals is to >encourage efforts at adoption of the child, MD. CODE ANN FAM. LAW 5-544(1991); the Nebraska legislature states that >[t]he Legislature finds that there are children in temporary foster care situations who would benefit from the stability of adoption, = NEB. REV STAT. 43-155(1993): Nevada is particularly concerned about special-needs children and states that it has a >fundamental interest in promoting adoption for children with special needs because the care, emotional stability, and general support and encouragement required by such children can be best, and often only obtained in family homes with a normal parent-child relationship, NEV. REV. STAT. 127. 410, Art. I (b) (1995) See the new Dutch adoption laws, Stb. 1997, 772, Art. 227-232 Bw(1997)(allowing both unmarried heterosexual couples and single persons to adopt)educate, pamper and generally raise them in the same ways heterosexual parents raise their children.5 Even though children in same-gender relationships are reared by two loving parents, for most of these couples the nonbiological parent does not have the same legal options to establish the rights and responsibilities that heterosexual couples have in relation to the children they are raising. However, recent developments in both the United States and the Netherlands have begun to change the precarious legal status of the nonbiological parent in these families. The policies of both the Netherlands and the United States recognize that, if possible, it is best to have two parents in the household.6 For instance, if a parent dies and the remaining parent remarries, the adoption legislation in both countries makes it possible for the stepparent to adopt a child born of the previous union.7 In addition to the stepparent situation, it is the general policy in the United States that adoption is preferable either to institutionalization or foster care.8 On the other hand, in other than the stepparent context, adoption in the Netherlands has not been a 5 A. Breweays, DONOR INSEMINATION: FAMILY RELATIONSHIPS AND CHILD DEVELOPMENT IN LESBIAN AND HETEROSEXUAL FAMILIES (Leiden: Rijksuniversiteit Leiden, 1997) (in which the book=s general conclusion states that lesbian families do not raise their children differently from heterosexual families). Recently, at the Society for Research and Development on Child Development, papers were presented on studies of children in lesbian and non-lesbian homes. The studies were done in the U.S., Britain, and the Netherlands. The findings showed there were no significant differences except in one aspect: >. . . 90 percent of the lesbian coparents took an active role in raising the children, while only about 37 percent of the heterosexual fathers did the same.= Cooper, supra note 4. 6 For example, in cases of stepparent adoptions, the judge has the authority to waive certain statutory requirements, such as a social worker=s report on the appropriateness of the adoptive home. See MASS. ANN. LAWS ch. 210, ' 5A (Law. Co-op. 1994). In other states, these reports may not be required at all in stepparent adoptions. See ARK. CODE ANN. ' 9-9-212(c) (Michie 1993); IND. CODE ANN. ' 31-19-7- 1 Sec. 1 (West Supp. 1997); KAN. STAT. ANN.' 59-2132(h) (1994); MONT. CODE ANN. ' 40-8-122(1) (1995); N.D. CENT. CODE ' 14-15-11(5) (1991). 7 Between 1980 and 1990, stepparent adoptions of Dutch children have more than tripled, from 105 in 1980 to 357 in 1990. Nora Holtrust, AAN MOEDERS KNIE: DE JURIDISCHE AFSTAMMINGSRELATIE TUSSEN MOEDER EN KIND (Nijmegen: Ars Aequi Libri, 1993), at p. 191 and pp. 205-10. 8 For instance, in Alabama, subsidies are given after an adoption, ALA. CODE ' 26-10-25 (1992); Florida says in its statute that >[t]he Legislature finds that 7 out of 10 children placed in foster care do not return to their biological families after the first year and that permanent homes could be found for many of these children if their status were reviewed periodically . . .,= FLA. STAT. ANN. ' 39.45(1) (West 1988); Maryland states that one of its goals is to >encourage efforts at adoption of the child,= MD. CODE ANN., FAM. LAW ' 5-544 (1991); the Nebraska legislature states that >[t]he Legislature finds that there are children in temporary foster care situations who would benefit from the stability of adoption,= NEB. REV. STAT. ' 43-155 (1993); Nevada is particularly concerned about special-needs children and states that it has a >fundamental interest in promoting adoption for children with special needs because the care, emotional stability, and general support and encouragement required by such children can be best, and often only, obtained in family homes with a normal parent-child relationship,= NEV. REV. STAT. ' 127.410, Art. 1(b) (1995). See the new Dutch adoption laws, Stb. 1997, 772, Art. 227-232 BW (1997) (allowing both unmarried heterosexual couples and single persons to adopt)
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