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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.
Other publications by this author
- Brief of Amici Curiae California Professors of Family Law in Support of Appellees
- Disconnected Youth in San Francisco
- Adults' Sexual Orientation and State Determinations Regarding Placement of Children
- Forward In On Your Own Without A Net: The Transition To Adulthood For Vulnerable Populations
- Children, Rights of: Cultural Concerns
- Same Sex Couple Marriage: A Family Policy Perspective
- Comment: Moving Forward, Some Thoughts on Strategies
- Same-Sex Couples: Marriage, Families, and Children: An Analysis of Proposition 22, The Knight Initiative
- Same-Sex Couples: Marriage, Families and Children
- Symposium Introduction: Welfare Reform: Economic Security for the Next Century
Author
- Michael S. Wald
- Stanford Law School
- mwald@stanford.edu
- 650 723.0322