Annette Ruth Appell

Lesbian and Gay Adoption

Lesbians and gay men have often exercised the ability to become biological parents while married to or otherwise involved with members of the opposite sex. In recent decades, however, lesbians and gays are increasingly forming families outside of traditional marriage and coital reproduction. Lesbians are becoming biological mothers, while single or in committed relationships, through artificial insemination using anonymously donated sperm (e.g., In re. K.M. & D.M., 1995), and sometimes the sperm of gay men (e.g., Thomas S. v. Robin Y., 1994) or relatives of a same-sex partner (e.g., In re. Adoption of Tammy, 1993). Lesbians and gay men also form families through adoption, many while openly acknowledging their sexual orientation. In the last 25 years, thousands of lesbians and gays have become legal parents through adoption (Padilla, 1997-98). Lesbians and gays seek adoption for the same reasons as heterosex-

Court-Ordered Third Party Visitation and Family Autonomy

Recently, I was invited to participate in an ‘‘uncomfortable conversations’’ workshop at Cornell University Law School addressing conflicts between children’s and women’s advocates. The organizer asked me to choose on which side of the conversation I fell: that of women or children, but I could not choose. I have always thought of myself as an advocate for both and have had difficulty separating the two in practice and theory. Indeed, I have affirmatively sought to demonstrate that focusing on mothers to the exclusion of their children and on children to the exclusion of their mothers tends to harm children (Appell, 1997). Then the Supreme Court decided to review Troxel v. Granville, a case involving the question of whether a court can order that a child have visitation with third parties (here grandparents), over the objection of the child’s parents, when the court finds such visits to be in the best interests of the child (Troxel v. Granville, 1999). I was once again compelled to choose sides. Was I for or against third party visitation? Although on the surface the question may be one of grandparental