The debate over who should be allowed to adopt a child is a sensitive one. We have a system which tries to provide the best situation to children in need of good families, but there are more children than available families under the current definition. I think it is natural to be skeptical of the idea that we should let unwed partners adopt because that opens a door for some very unstable situations which are not beneficial to the children involved. The gay community (those that are interested in this particular issue) consider this to be discrimination because in this state all gay couples are unwed by definition. Of Rep. Rebecca Chavez-Houck’s "Forever Homes for Every Child" bill Senate President-elect Michael Waddoups accurately identifies the major objection/hurdle by saying:
That sounds like they’re trying to set up a family relationship that under [Utah’s same-sex marriage ban] isn’t allowed. … If we’re going to change the definition of a family, we should do it constitutionally — not through end runs.
Even if this is not intended as an end run around our Constitutional ban on gay marriage it will easily be perceived as such. The proposed bill gives adoption preference for married couples – which respects our value favoring a traditional family structure – but it opens the door for adoption by unwed couples with the consent of the biological parent(s) or if the child is in state custody. I believe that one minor modification the bill would support our value of granting primacy to the institution of family in this state. Simply put – I do not trust the state to make the decision to allow unwed couples to adopt children. If this proposal were changed to allow an unwed person or couple to adopt a child only "with the consent of the biological parent(s) and any legal guardian" I would fully support it.
The couple cited in the article is a biological mother (using a sperm donation) and her partner who are the only family their child has ever known. It makes perfect sense that the partner would be allowed to adopt and naturally the biological mother would grant the necessary consent. This change in the proposal would allow the biological parent(s) to specify one unmarried person or both members of an unwed couple as potential adoptive parents. It would allow the state or an established legal guardian to block such an adoption where the biological parent(s) choice of adoptive parents may be undesirable. Most importantly it would prevent the state from selecting unwed couples or individuals as adoptive parents for children who’s biological parent(s) objects or who do not have biological parents to speak in their defense or grant the necessary consent.
