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Interest of kids key factor in joint adoption

March 11, 2013

What makes a person a suitable parent?

Is it exclusive to someone who shares the same genetic framework as his or her offspring? Can it also be someone without any common ancestors but who has been a part of a child’s life since birth?

Does any of this change if the person is gay?

These are just a few questions a U.S. District Judge for the Eastern District of Michigan will have to consider before ruling on the custody rights available to same-sex couples in the state.

Last week, U.S. District Judge Bernard Friedman announced he would postpone a decision on two child custody cases currently being heard in the state.

The cases ­— which were filed by two female couples — push for joint custody to be made available to partners with children in same-sex relationships.

In 2004, Michigan voted to ban gay marriage across the state and limit the opportunities same-sex couples had to jointly adopt children.

Friedman said he plans to hold off on his verdict until the U.S. Supreme Court decides whether Michigan’s ban is constitutional this spring. He said hopefully he will gain some direction on which way to take the case.

But as hopeful as the future could be for same-sex couples in the state, little attention seems to be directed toward the people who are affected the most — the kids.

Michigan’s ban on gay marriage has made the hope of starting a family for same-sex families a distant reality.

Opponents of lifting the ban say there is no fundamental right to marry someone of the same sex. They say a decision should be made by Michiganians and not the federal courts.

Under Michigan law, same-sex couples can petition for custody during adoption, but the only people who can adopt are married couples.

Although this has allowed gay couples to start families through single adoptive or biological birth, the lack of custody rights they receive put their children at the ultimate risk.

Joint custody allows for both parents to share in the decision-making responsibilities of their children, no matter if they are divorced, separated or no longer living together.

Instead of living a potentially broken life, joint custody allows for children to share in the experience of having both their parents and the security that comes along with it.

If something was to happen to their sole guardian, joint custody ensures children with same-sex parents aren’t subject to being taken from their homes.

It guarantees they will have someone to make medical decisions for them in the event of an emergency.

And it allows for them and their guardians to really become a family.

Currently, Michigan is one of 37 states that recognize marriage as only being between a man and a women, but the Supreme Court’s upcoming decision has the potential to lower that number.

Deciding a same-sex couple is any less fit to care for their child for reasons outside their control has been a problem in our state for far too long.

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But ultimately, the decision should come down to who will be able to provide the best life for a child.

Hopefully both courts consider all the people who could be affected by their decisions.

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