BASE ADOPTION ON PARENTAL FITNESS, NOT MARITAL STATUS: Detroit Free Press editorial

If two adults who are married can adopt a child and a single adult who is unmarried can adopt a child, should not two single adults living in the same household be able to adopt a child? It only makes sense.

But Michigan Children's Ombudsman Lynne Martinez bought herself a boatload of drama when she offered that logic in her most recent report to the governor and Legislature. Among the seven recommendations in the report -- issued last October but apparently not read by some lawmakers until last week -- Martinez suggests that the state adoption code be changed so as not to automatically disqualify two unmarried adults from adopting.

Her rationale is simple: "All decisions regarding who should be given consent to legally adopt a child should be based on parental fitness, not on marital status."

Martinez's report points out that unrelated adults may be foster parents to a child, but if they form a bond with that child and want to become legally responsible, only one of them may actually adopt. That means the child would be limited to health benefits from only one parent, even though the other may have a more complete policy; only one parent could authorize health care; if one parent dies, the child might collect Social Security or other financial benefits, but if the other does, the child would not; and if the non-adoptive parent should die or become incapacitated, the child would have no legal relationship to the other adult in the household. It also means only one parent would be liable for child support if the two should separate.

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posted by Eve at 5:06 AM | link

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