VegasBella
TUG Member
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Carlsbad Inn
Avenue Plaza
Riviera Beach & Spa
Aquamarine Villas
You missed my point. I have no objection to same-sex adoptive parents.
My point is entirely how the new law affects the birth mothers' rights and their ability to "discriminate."
Both of my children were adopted through a private, secular agency. (Ours was an "open" adoption where everyone knew everyone, to the extent possible. We maintain contact with both birth mothers to this day; it worked out great).
Private domestic adoptions are unlikely to be affected by this ruling. Private agencies may be restricted from discriminating against prospective adoptive parents in the way that public agencies are. What that means is that they would have to accept them as clients and provide their services. But I doubt there will be any spillover from marriage law to adoption law.
Choosing a guardian for your child is a personal choice. Birth parents who have parental rights (not birth parents whose children were removed due to abuse or neglect and who have had their parental rights terminated) can choose not to make an adoption plan with anyone they choose for any reason. Similarly, adoptive parents can choose not to adopt a child for any reason. The state cannot interfere with that, in the same way the state cannot force you to marry someone you don't want to marry.
To reiterate: The adoption agency provides a service and is a business. Currently, in the US (not in the UK) private adoption agencies may discriminate against gay parents. They don't even need a religious exemption, they just can. (They can also discriminate based on other factors.) But that could change in the future. If it changes and agencies are no long allowed to discriminate, all that would mean is that they would have to allow gays to use their business and they would have to provide services. NOT that they would have to provide an adoptive child.
Women and couples who choose to place their children for adoption are NOT providing a business service. In fact, they are legally prohibited from receiving monetary compensation for placing their children. It's against the law to pay someone in order to adopt their child. You cannot buy a baby. Babies =/= cakes. The ins and outs of adoption law are governed by state family law (for the most part - ICWA notwithstanding), not by business law. A woman who doesn't want to make a wedding cake for a gay couple may be breaking the law by discriminating but a woman who doesn't want to make a baby for a gay couple would not.
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