Sexual orientation of parents and Dutch family law

C. Nijnatten

A few years ago, the Dutch government asked for advice about the legal consequences of various living arrangements. One of the main issues concerned the legal consequences thereof for children. In a letter to parliament, the Dutch cabinet confirmed that couples of the same sex would be excluded from being awarded children for adoption. Legal and psychological reasons play an important role in the reasoning of the Dutch government. The harmonious development of children is supposed to be at risk when the child is reared by two adults of the same sex. The article sets out psychological theories and the results of recent research which contradict the argumentation presented in a number of recent reports published by the government. The outcome of most research is that gay and lesbian parents 'perform' as well as heterosexual parents. Excluding lesbian and gay parents from taking responsibility for children seems to be a poor policy which does not take into account the social capacities of the population.