Lesbian Parents
Parenting Types And Legal Concerns
The quality of research involving lesbian relationships has evolved, yet participation rates are often constrained because lesbians fear reprisals if their sexual orientation becomes known. Cheryl A. Parks concluded in her review of seventeen studies on lesbian parents that respondents typically are "young, white, middle to upper class, highly educated, living in urban areas, and open about their sexual identity" (1998, p. 377). As a result, generalizing findings across diverse multicultural and socioeconomic backgrounds is not possible.
Lesbian parenting is hindered by several cultural barriers, and thus those who choose to undertake it must go through a careful decisionmaking process. In the United States and most European countries, lesbians are denied legal marriage. The Defense of Marriage Act in the United States formally prohibits government recognition of same-sex marriages (Allen 1997). As a result, lesbian couples lose tax, insurance, and medical benefits, as well as property rights (Friedman 1997; Griffin 1998). Hungary, on the other hand, allows same-sex marriage, and domestic partnerships are granted in Denmark, Sweden, Iceland, and Norway (Griffin 1998). Domestic partnerships provide more of the rights automatically granted to married heterosexual couples (Erickson and Simon 1996). Despite the legal limitations on marriage, lesbians who want to become parents can do so through various methods, including former heterosexual relationships, adoption, donor insemination, foster care, and step-parenting.
Former heterosexual relationships. Although former heterosexual relationships are the most frequently used method for lesbians to become parents, Parks (1998) indicates that the introduction of the mother's new sexual identity presents both benefits and challenges for the mother and the children that often must be negotiated simultaneously with an upheaval in living arrangements. In these situations, lesbian parents frequently face the possibility of having their children taken away in custody battles. Child custody laws are not uniform in the United States. Thus, some states consider the sexual orientation of the mother unimportant, whereas, for other states, sexual orientation is the focus of the legal custody case (Patterson and Redding 1996). Lesbian parents in Europe often share similar fears of losing custody of their children if their sexual orientation is revealed (Griffin 1998).
Adoption. Some states prohibit lesbians and gay couples from seeking adoption. As a result, lesbians are forced to keep their sexual orientation a secret, either permanently or at least until completion of the adoption process. Policies on adoption vary by state in the United States (Human Rights Campaign Foundation 2001) and by country in Europe. Some states (Florida and New Hampshire) have legislation that disqualifies gays or lesbians from becoming foster or adoptive parents (Leiter 1997). In contrast, Israeli courts have approved legal parenting rights for lesbian mothers. (National Center for Lesbian Rights [NCLR] 2001). In cases of single-parent adoption, the partner or second parent petitions the court in hope of gaining recognition as a legal parent without terminating the first parent's rights (NCLR 2001). Second-parent or co-parent adoption typically occurs in cases of donor insemination. Second-parent adoptions are allowed in approximately seventeen states (NCLR 2001). Although a small number of jurisdictions permit third-parent adoptions, the option is not common (NCLR 2001).
In Europe, most countries deny legal adoption rights to the nonbiological parent (Griffin 1998). At this time, Iceland is the only country that allows lesbian couples to hold joint custody of their children. However, Iceland's regulations do not allow artificial insemination or adoption for lesbian couples (Griffin 1998). In England, some lesbian couples successfully obtained parental rights of their nonbiological children (Griffin 1998). In general, the majority of nonbirth or nonadopting parents have no legal relationship to their children (Savin-Williams and Esterberg 2000).
Donor insemination. Donor insemination appears to have become a popular option for a number of heterosexual, as well as lesbian, women who want to have children. As a precautionary measure, lesbians often request an anonymous sperm donor as a strategy for avoiding later claims of paternal rights.
Foster care. Acceptance of lesbian and gay couples is evolving. However, as a result of pejorative attitudes, lesbian women rarely serve as foster parents. On the basis of an increasing pressure to find suitable and loving homes for America's children, Crawford and Solliday (1996) point to the lack of evidence for current policies that exclude lesbian couples from providing foster care.
Step-parents. Information on lesbian step-parenting remains limited and is often the least discussed role in the literature. Lesbians in step-parenting roles may experience less validation from both partners and social networks (Parks 1998).
In summary, lesbian couples have several options for becoming parents. If they choose to exercise these options, they often confront legal complications that heterosexual parents do not face. No available research suggests, however, that lesbian couples should not have the same opportunities that heterosexual couples enjoy.
Additional topics
Marriage and Family EncyclopediaMarriage: Cultural AspectsLesbian Parents - Parenting Types And Legal Concerns, Research On Children's Adjustment