Adults' Sexual Orientation and State Determinations Regarding Placement of Children

88 Pages Posted: 27 Jul 2006  

Michael S. Wald

Stanford Law School

Date Written: July 2006

Abstract

This article examines whether the fact that a parent or prospective parent is gay should be considered when the state places children in adoptive and foster care homes, resolves child custody disputes, and establishes policy with respect to access to assisted reproductive technologies (ART). I focus on whether consideration of adults' sexual orientation is likely to promote the positive development and well-being of children. I examine the value issues, with special focus on the claim that children should be placed only in "optimal" families, the relevant social science research, and a range of policy options. I conclude that it is almost always detrimental to children if decision-makers consider an adult's sexual orientation when making placement decisions.

Suggested Citation

Wald, Michael S., Adults' Sexual Orientation and State Determinations Regarding Placement of Children (July 2006). Stanford Public Law Working Paper No. 920670. Available at SSRN: https://ssrn.com/abstract=920670 or http://dx.doi.org/10.2139/ssrn.920670

Michael S. Wald (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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