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The Lost History of Gay Adult Adoption

72 points| pmcpinto | 10 years ago |nytimes.com

69 comments

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[+] DavidAdams|10 years ago|reply
I'm sure that in legal circles, there are a whole host of similar "law hacking" examples. This seems like a particular ingenious approach. I'd be interested to learn about other circumstances where laws are creatively misused to achieve noble ends. (The examples where the law is misused for nefarious ends are too numerous to mention).
[+] panglott|10 years ago|reply
Of course, these are ends that are only now being seen as noble instead of nefarious. It was necessary because same-sex relationships were viewed as deviant and sinister for so long.

What's an interesting question is why this was so widely accepted and tolerated by judges/social workers, in an era where same-sex relationships were otherwise treated so punitively.

[+] saint_fiasco|10 years ago|reply
The GPL in particular, and Copyleft in general, have been described as "viral" licenses because of the way they spread and perpetuate themselves.
[+] LordKano|10 years ago|reply
This happened near where I live. A gay couple did an adoption but now they're father and son so it's not legal for them to marry.

http://www.post-gazette.com/local/north/2015/10/09/Fox-Chape...

[+] masklinn|10 years ago|reply
I was going to mention adoption dissolution (which has been used by other couples in the same situation: http://www.usatoday.com/story/news/nation/2015/05/28/newser/...) but the article covers it:

> when the couple petitioned Allegheny County Judge Lawrence O’Toole to dissolve the adoption this summer, he ruled the state’s adoption law didn’t allow him to do so.

That's just sad, and they only just went the adoption route 2 years before same-sex marriage was legalised.

[+] yarrel|10 years ago|reply
This makes very clear the practical benefits of same-sex marriage and the real impact it has on people's lives.

Whenever I encounter people being dismissive of same-sex marriage because it's just symbolic/a distraction/etc., these are the kind of examples I give to show how wrong they are.

[+] Mz|10 years ago|reply
I imagine this would be quite the headtrip for a lot of people to deal with:

Adult adoption by gays and lesbians has only been quietly discussed, both in or outside the gay community, for fairly obvious reasons; there isn’t an easy way to tell your friends and family that the man or woman with whom you share a bed is, legally, your son or father, or your daughter or mother.

I am glad we legalized gay marriage.

[+] gohrt|10 years ago|reply
The article doesn't mention adult adoption in Japan at all, which is strange. Japanese adult adoption (a centuries long-standing practice) was covered in the US news and HN in the past year.
[+] mc32|10 years ago|reply
That's different though, that's done in order to "continue" the family line when there is no male heir to inherit a going concern, so while very interesting in its own way it's to address a different social pressure.

Still, yes, very interesting.

[+] masklinn|10 years ago|reply
The article is about LGBT adoptions for romantic purposes, as a legal replacement to unavailable legal unions. Japanese "son-in-law adoption" (mukoyōshi) is a question of business capability and name (brand) preservation, not a way to bypass a lack of legal protection in a romantic pairing.
[+] MatthewWilkes|10 years ago|reply
Why would it? Japanese adult adoption isn't romantic in nature.
[+] GeorgeOrr|10 years ago|reply
Not that long ago people tried to argue that marriage equality wasn't needed to protect basic rights of individuals involved. They just needed to use contracts/adoption/etc.

This is a great article to remind us how bogus that argument was.

[+] gwern|10 years ago|reply
> This is a great article to remind us how bogus that argument was.

I'm not sure what you mean. At no point does it indicate that the adoption tactic ever failed; in fact, the article seems to be at pains to show that adoption routinely and reliably secured most or all of the rights that marriage would have, and swapping adoption for marriage now is little more than a change of paperwork. Based on this article, you would have to say that marriage equality wasn't needed to secure the basic rights like inheritance, hospital visitation, etc.

[+] antillean|10 years ago|reply
People still make that argument now. SCOTUS decisions don't suddenly change everyone's mind.
[+] ethanpil|10 years ago|reply
Why is this article on hacker news? What does it have to do with this community? I am just wondering how it fits in to the vision of what HN is supposed to be. Or do I not understand what it is?
[+] DanBC|10 years ago|reply
What do you think should be here? Why, specifically, do you think this doesn't fit?