Opposition Lifted on Adoption by Gays

A state policy of opposing adoptions of foster children by gay and other unmarried couples has been quietly dropped by the Davis administration.

Gay activists applauded the move, which rescinded a 1995 order by then-Gov. Pete Wilson, as a victory for families. Conservative religious leaders condemned it as “a disaster for children.”

Attorneys representing gay and lesbian groups challenged the policy earlier this year, and state Department of Social Services attorneys “concluded that it was an underground regulation, or one that did not go through the proper legal process,” agency spokeswoman Sidonie Squier said last week.

The state sent letters last week to all California adoption agencies and county welfare directors advising them that licensed adoption agencies and the state “will no longer deny applications, withhold consent to an adoption petition, or recommend disapproval of an adoption petition based solely on the applicants’ or petitioners’ marital status.”

Gov. Gray Davis approved the decision, spokesman Michael Bustamante said. That doesn’t mean Davis is supporting adoptions by gay couples, Bustamante said.

“The previous administration took a position on adoptions. This administration is not,” he said. “This governor has made the determination that the professionals, not the state, are best suited to decide” which couples are suitable adoptive parents.