Same-Sex Adoption--Theory and Policy

• Main Authors: Hsiao-Ying Lin, 林孝穎
• Other Authors: Li-Ju Lee
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/13540993088971044637

碩士 === 中原大學 === 財經法律研究所 === 98 === The research question of the dissertation lies in discussing whether or not same-sex adoption is against the best interest of the child? Because the methods of the research used in this paper are legal dogmatics, document analysis and comparative study, besides collecting domestic periodicals and dissertations, we will discuss American laws, periodicals and cases about same-sex adoption. By discussing the topic about same-sex adoption, the dissertation hopes to achieve three purposes. First, because sexual orientation of homosexuals is not a decisive factor in whether courts shall grant adoption, we should center on adopters’ abilities to take care of children. Second, in order to make courts carry out the best interest of the child, I try to make suggestions to help courts consider all the conditions about adoption in a neutral and cautious way and keep courts from social prejudice. Third, since same-sex adoption is not necessary against the best interest of the child, this paper desires to make suggestions about future policy of same-sex adoption. As to the framework of the study, the first chapter “ Preface” describes the motive and aim of the research and illustrates the scope and structure of the subject. In chapter 2, we will discuss the adoption ruling decided by Taoyuan district court and the law foundation about adoption to stress the controversy about same-sex adoption. But, because courts’ attitudes toward same-sex adoption are unclear, in chapter 3 I will discuss American practices and theories to supply us materials which we can introspect. As regards the fourth chapter, we will talk about “Tolerance Theory” which has a partial influence on United States Supreme Court. Affected by “Tolerance Theory”, the Supreme Court has begun to display tolerance, respect and acceptance for gays and lesbians. This change inspires me to contend we should protect gays’ and lesbians’ constitutional family right and adoption right. So far as chapter 5 is concerned, we will discuss how to fulfill the best interest of the child and make suggestions about future policy about same-sex adoption. Finally, the sixth chapter “Conclusion” sum ups the contents above. According to the research result, for reducing the uncertainty of the best interest of the child, this paper recommends courts shall use social science studies, increase participations of professionals and checks factors in detail. In addition, there are four suggestions about same-sex adoption policy: first, with reference to single same-sex adoption, if the only reason courts overrule adoption petitions is homosexuals’ sexual orientation, courts should give evidences; second, this study suggests increasing the type of same-sex adoption (second-parent adoption); third, the Legislative Yuan should pass the draft of “Human Rights Basic Code” as soon as possible; fourth, we should carry out Gender Equity Education Act.