Equal Opportunity Adoption amp; (and) Declaratory Judgments….pdfVIP

Santa Clara Law R eview Volume 43 | Number 2 Article 5 1-1-2003 Equal Opportunity Adoption (and) Declaratory J udgments: Acting in a Childs Best Interest Casey Martin Follow this and additional works at : /lawreview Part of the Law Commons Recommended Citation Casey Martin, Comment, Equal Opp ortunity Adop tion (and) Declaratory J udg ments: Acting i n a Childs Best Interest, 43 Santa Clara L. Rev. 569 (2003). Availa le at : /lawreview/vol43/iss2/5 This Comment is brought to you for free and open access y the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law R eview y an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact sculawlibrarian@. EQUAL OPPORTUNITY ADOPTION DECLARATORY JUDGMENTS: ACTING IN A CHILDS BEST INTEREST Casey Martin* [The] best interest of the child is an elusive guideline that belies rigid definition. Its purpose is to maximize a childs opportunity to develop into a stable, well-adjusted adult. I. INTRODUCTION Suppose a couple is unable to conceive a child, one partner is artificially inseminated or goes through a scientific procedure to bear the child, but afterward the other partner is not allowed to adopt the child. 2 Consider whether the fact that the couple is heterosexual is surprising; and whether it would be surprising if it were a homosexual couple. Regardless of the sexual orientation of the couple involved, the inability to adopt is devastating for both the children and the 3 parents. The most dramatic illustration of the problem is when a biol