In recent same-sex adoption laws, the Oklahoma legislature approved a bill that allows “faith-based” adoption agencies to deny adoption applicants based on their marital status, religion, or religious beliefs. This includes denying same-sex adoption in Oklahoma.
The bill includes agencies that receive state funds as well. Kansas recently approved a similar bill.
This bill was approved a few years after the U.S. Supreme Court ruled that same-sex marriage was legal in all 50 states. As a result, same-sex adoption also became legal in all 50 states.
The governor of Oklahoma signed the bill into law on May 11, 2018. If you are interested in a same-sex adoption, the best resource to start with is an Tulsa adoption attorney that is well-versed in the process.
Faith-Based Argument
Knowing all viewpoints of an issue helps to have a better understanding of the issue and reach an informed opinion about it.
The faith-based adoption agencies have their own set of moral values that they operate the agency based on. One of the values they use to support their argument is their disapproval of same-sex couples adoption.
Because this is a major value of their agency, the directors claim they would be forced to close their doors if required to approve same-sex adoptions. The agencies state that there are many different types of adoption agencies in Oklahoma that all follow the same basic requirements when it comes to placement and child welfare.
If a same-sex couple does not qualify for an adoption through their agency, there are hundreds of thousands of foster children needing homes in other adoption agencies. In turn, if faith-based adoption is protected, more faith-based adoption agencies would form to help even more children of the state.
The faith-based adoption agencies would involuntarily close if required to consider same-sex couples for adoption, and the negative impact of the child of the state of Oklahoma would be substantial. They want to continue to serve the children of Oklahoma while observing their beliefs.
Critics’ Response
Most critics look to the 2015 Supreme Court ruling allowing same-sex couples to marry, and thus making same-sex adoption legal.
In addition, in June 2017, the Supreme Court reversed an Arkansas Supreme Court ruling which ultimately forced the state to treat same-sex couples the same as heterosexual couples when issuing a birth certificate, and order all other states to do the same.
Critics rely on many instances of case law that do not allow a state to supersede Supreme Court rulings, and call the choice to not follow the Supreme Court “unAmerican.”
The executive director of Freedom Oklahoma states this law will keep “Oklahoma’s most vulnerable youth out of loving and committed homes.”
Others believe children will have to wait longer to be placed and further, put children of the state at risk.
Current Adoption Laws in Oklahoma
An adoption attorney will tell you that although this law passed, same-sex couples are still permitted to adopt in Oklahoma, however they must choose their adoption agency with this law in mind.
Here is a summary of the current laws:
- Same-sex couples are allowed to adopt
- Single homosexual persons are allowed to adopt
- Step-parent adoption of is allowed in a same-sex marriage
- Same-sex couples go through the same filing process as heterosexual couples
Many adoption agencies also report that there is a rise in birth mothers requesting a same-sex couple to adopt their child. In addition, there is little reported bias among adoption attorneys representing same-sex couples.
Free Consultation with a Tulsa Adoption Attorney
Adoption is one of the most beautiful experiences in a couple’s life. Hiring an adoption attorney for a sex-same adoption will ensure the process is positive and encouraging while minimizing any stress.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma adoption process.
For a free confidential consultation, call now: 918-924-5526.
