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Kansas Adoption Attorney Discusses the Future of Same Sex Adoptions in Kansas

Kansas Adoption Attorney Discusses the Future of Same Sex Adoptions in Kansas
February 24, 2014 James Greenier

One year ago, the Kansas Supreme Court issued a momentous ruling protecting the rights of same-sex couples to be recognized as the legal parents of the children they are raising. The case involved two women, Kelly Goudschaal and Marci Frazier.  The former couple had been raising children together who had been conceived through artificial insemination.  After they separated, a custody dispute ensued.  The court ruled that the co-parenting contract signed by the couple is valid and should be recognized.

The court reasoned that the agreement is not injurious to the public, and provides the children with the substantial benefits of having two parents rather than just one.  The contract did not violate public policy, nor contain any immorality.  Rather, it was for the advantageous welfare of the children.

The court’s conclusion was simple but powerful—a child’s parents are the people that have legally committed to caring for them, not necessarily their biological parents.  While this cause was lauded as a major step forward for same-sex couples, recent events have cast an uncertain light to the future of same-sex marriage in Kansas.

Recently, the Kansas House of Representatives passed a bill, House Bill 2453, that explicitly protects religious businesses, individuals, and groups that refuse services to same-sex couples, particularly those looking to wed.  The house bill passed with a vote of 72-49.  It died, however in the Senate.

Even though the bill will not become law, at least not this session, it is unlikely to end the debate over allowing legal protection to individuals and businesses who refuse to provide goods and services to gay and lesbian couples.

A main focus of the bill was the right of organizations to deny adoption, foster care, and other social services to same sex couples on religious grounds.  This could have a devastating effect on same-sex couples seeking to adopt a child through one of the many private adoption agencies.

The bill bucks the national trend towards strengthening the rights of same-sex couples.  Currently, same-sex marriage is legal in 17 states, and many more are considering adoption of bills legalizing the union.  On the federal level, the Supreme Court and legislature have passed several monumental laws creating more rights for gay and lesbian couples, and striking down those laws that discriminate against same-sex couples.

Supporters of the bill vow that the issue is not going away and efforts will continue to pass a similar law that protects the rights of businesses and organizations to refuse to provide service to same-sex couples on the basis of religious beliefs.

Nationally, the ability of same-sex couples to adopt children varies greatly by state.  Over 100,000 children in the U.S. live with gay parents.  Though this number has increased drastically since 2000, it still comprises only 1% of the total amount of children in U.S. households.

In most states, decisions on same-sex adoptions are made local judges on a case by case basis.  However, in 16 states laws explicitly exist allowing joint gay adoptions, in which the same-sex couple jointly files the petition for adoption.  These states are: Arkansas, California, Colorado, Connecticut, D.C., Illinois, Indiana, Iowa, Maine, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Oregon, Vermont, and Washington.

The Kansas Supreme Court’s recent decision places the state of Kansas in line with several other states that may allow second parent adoptions, where one person adopts the child of his partner.   Kansas does not explicitly allow or disallow joint adoption petitions by gay couples.

The future of same-sex couple adoptions appears uncertain in the state of Kansas. This past year has seen both victories and new battles arise for the institution.  That the house bill was defeated is a promising sign, but the debate might not end there.

Adoption can be complex for any couple, but same-sex couples often face additional challenges.  If you and your partner are considering adoption, the experienced Kansas Adoption Attorneys at McDowell Chartered can help.  The Wichita, Kansas firm of McDowell Chartered has provided zealous representation to numerous same sex couples seeking private or second parent adoptions.  Call us today at (316) 633-4322 for an initial consultation.