Is the Tide Truly Turning? - Gays, Lesbians, Adoption and Custody

Abstract

By examining United States case law involving disputes of adoption and custody by homosexual individuals and couples, Bates concludes that recent court decisions appear to have taken a more positive view of the gay and lesbian relationships which were involved in the various decisions. Bates comments on the relevance of these decisions to the existing and future Australian situation. He concludes that, unfortunately, United States law does not seem to have had direct impact on Australian law. Bates believes that the due to societal pressures the courts in Australia leave the impression that gay and lesbian people are awarded rights, privileges or responsibilities in respect of children faute de mieux. Such pressures might also be see to be responsible for extremely detailed judicial reasoning for making orders in favour of gay and lesbian people. Bates is critical of the Australian courts approach and believes that it is the responsibility of judicial and administrative officers, academics and all those interested in societal developments to ensure that they are resisted, and instead focus on the need for a child to be brought up in a secure and loving environment, regardless of the sexual orientation of the caregivers.

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