| With the introduction of family unit that no | | | | been impregnated through artificial |
| longer resembles that of the Cleavers, the | | | | insemination; the partner had not adopted the |
| question of "whose kids are these anyway" | | | | child. On their separation, the court found |
| became a reality. There is the concept of | | | | that she had no rights at all, not even to |
| blended families where the second wife and | | | | visit with the child. We have to wonder |
| husband bring their children from their | | | | whether that abrupt loss in that child's life |
| respective prior marriages together "The | | | | is in the best interests of the child? |
| Brady Bunch." That bunch may be expanded to | | | | |
| include stepchildren of either as part of the | | | | Gay and lesbian adoptions are becoming more |
| new family. It's not just the younger side of | | | | common in some states. Generally, most states |
| this group that has changed; mom and dad are | | | | allow an unmarried person to adopt a child if |
| now, on occasion, Dad and Pops or Mom and | | | | that person can meet the jurisdictional and |
| Mother. The traditional family may be some | | | | legal requirements for adoption. The next |
| not so traditional families including gay and | | | | step is to find a jurisdiction that will |
| lesbian parents. | | | | allow the second half of the homosexual |
| | | | couple to adopt the child. In California this |
| By far the most prevalent new family | | | | can be accomplished depending on a |
| structure is the single parent family, most | | | | demonstration to the Court that such an |
| often a woman and her children who are on | | | | adoption world be in the child's best |
| their own after a divorce. Fathers also fit | | | | interest. Generally, the courts will approve |
| the description of single parents, and more | | | | such a petition; after all, two parents are |
| often families are headed by dad as the | | | | better than one. The child is protected in |
| single parent. | | | | the event of the death of one parent, and the |
| | | | sad case of the sudden disappearance of one |
| There is now the surrogate parent family | | | | parent from the child's life is avoided in |
| where the child may be the biological child | | | | the event of the breakup of the couple. |
| of only one or neither of the two parents. | | | | |
| This status, made possible by the wonders of | | | | The relationship between a stepparent and the |
| genetic science, is mired in the swamplands | | | | child in divorce is becoming more and more of |
| of the law where the requirements with regard | | | | an issue. In many of our modern families, a |
| to a valid surrogacy contract are often | | | | stepparent has a closer relationship with the |
| ill-defined and difficult to enforce. | | | | child than does the non-custodial natural |
| | | | parent. |
| So long as these families remain intact, the | | | | |
| lives of the children seem not to be impacted | | | | When the custodial parent and the stepparent |
| by the makeup of their parents or the sexual | | | | terminate their relationship, often those |
| orientation of the parent. As with the | | | | children will surfer greatly. It may be |
| children of the traditional couple, it is | | | | difficult, but if the emotional needs of |
| when the family separates that the children | | | | those children include seeing the stepparent, |
| suffer. | | | | those visitations must be arranged. The |
| | | | custodial parent's anger at the stepparent or |
| The law is not helpful in these difficult | | | | the stepparent's desire to punish the spouse |
| situations. In a recent case, half of a | | | | by not seeing the children must be set aside |
| lesbian couple lost not just custody but | | | | to make way of the needs of the children. |
| visitation of the child whom she had helped | | | | After all, this will be the second marital |
| to raise for the first eight years of the | | | | breakup for those children. |
| child's life. The mother of the child had | | | | |