Abstract

http://ssrn.com/abstract=1732453
 
 

References (51)



 


 



Legislating the Family: The Effect of State Family Laws on the Presence of Children in Same-Sex Households


Amanda K. Baumle


affiliation not provided to SSRN

D'Lane R. Compton


affiliation not provided to SSRN

October 22, 2010

Law & Policy, Vol. 33, Issue 1, pp. 82-115, 2010

Abstract:     
Faced with legal animus or outright legal prohibitions on adoption, fostering, or surrogacy, gay men and lesbians could be deterred from family formation. In this article, we use 2000 U.S. Census data to assess the validity of this assumption by examining the effect of positive and negative family laws on the presence of children in the households of same-sex unmarried partners. In doing so, we seek to assess whether formal law plays a central role in family formation outcomes for gay men and lesbians. Employing a multilevel analysis, we find that formal law, particularly negative formal law, appears to play little role in outcomes involving family formation. Formal law might, however, play a greater role when defining property or other legal rights, such as through second parent adoption. These findings are compatible with the notion that individuals are less likely to consult formal law in their everyday lives - particularly with regard to family matters - but are more likely to do so with regard to family issues concerning wills and estates, transfers of property, or other "business" matters.

Number of Pages in PDF File: 34

Accepted Paper Series


Date posted: December 30, 2010  

Suggested Citation

Baumle, Amanda K. and Compton, D'Lane R., Legislating the Family: The Effect of State Family Laws on the Presence of Children in Same-Sex Households (October 22, 2010). Law & Policy, Vol. 33, Issue 1, pp. 82-115, 2010. Available at SSRN: http://ssrn.com/abstract=1732453 or http://dx.doi.org/10.1111/j.1467-9930.2010.00329.x

Contact Information

AMANDA K. BAUMLE (Contact Author)
affiliation not provided to SSRN
No Address Available
D'LANE R. COMPTON
affiliation not provided to SSRN
No Address Available
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References:  51

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