Lesbian Mothers and the Law

Paper Summary:

This paper explains that many gay parents have had to battle contentious custody disputes in the courts across America in order to become parents through adoption or to remain the parents of their own natural children. The author points out that the basic issue a court must address when a matter of custody or visitation dispute arises between a child's biological parents or third party,is whether any proposed action is in the best interest of the child. he paper relates that the State of Virginia court appeared to suggest that a lesbian mother, Sharon Bottoms, forgo any kind of romantic relationship in order to retain custody or even visitation of her child.

From the Paper:

"Prior to the period of growing visibility of the gay and lesbian community in the 1960's and 70's there were virtually no documented cases in which a mother's lesbianism became an issue within a custody dispute. With more women leaving their heterosexual marriages and beginning their lives openly as lesbians, the courts were forced to decide the fate of the children of those women using archaic legal statutes that easily concealed their homophobia."

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