News
2006-05-13
Indiana lawmaker
seeks to bar gays from adopting
State senator
Jeff Drozda is determined to prevent children from being
placed in homes of gay and lesbian couples.
Spurred by a
state court ruling that could open the door to adoptions by
lesbian and gay couples in Indiana, state senator Jeff
Drozda said Thursday he will introduce legislation in
2007 to bar same-sex couples from adopting, which
would override any court decision. "I think we have an
obligation to address and pass something that's much more
clear to judges, lawyers, and families," the Westfield
Republican said, according to a report in the
Indianapolis Star.
A three-member
panel of the Indiana court of appeals ruled on April 13
that unmarried couples can jointly adopt children. State
attorney general Steve Carter has until Monday to
appeal.
Two other appeals
court rulings have established precedent in Indiana for
co-adoptions by unmarried and gay couples. Those cases
involved couples in which a child initially was
adopted by one partner, rather than through a joint
petition. Drozda said the lack of clear direction has
been cited in court rulings. The result: Some judges approve
joint adoptions by unmarried couples, while others
deny them.
The April
decision involved a Morgan County case in which a judge
attempted to overturn the joint adoption of a child in
Marion County by a lesbian couple. The women, who had
served as foster parents to the girl since she was a
newborn, maintained custody during the case. The judge
argued he should have maintained jurisdiction because the
child was the subject of a welfare case in his court
at the time of the adoption petition. Though the
couple also lived in Morgan County, state law allows
adoptions to be filed in any county.
Same-sex couples
can jointly adopt in California, Connecticut, Illinois,
Massachusetts, New Jersey, New Mexico, New York, Oregon,
Vermont, and the District of Columbia, according to
Human Rights Watch, a national gay rights group.
(The Advocate)
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