Texas Wesleyan Law Review


Nadia Stewart

Document Type



This Note discusses the growing trend of adoptions by same-sex couples in the United States. Although most states do not outright prohibit adoptions by same-sex partners, it is often very difficult for both partners to adopt the same child. This Note will explore the legal and social ramifications of adoption limitations and the effects they may have on the adoptive children of same-sex couples. Additionally, this Note will explore how the situation can be remedied using the principle of representation reinforcement. Part one of this Note gives a brief overview of the development of the representation reinforcement theory. The representation reinforcement theory corrects the injustices of a democratic political system that occur when majority rule unfairly burdens the fundamental rights of a minority. Part two of this Note assesses and addresses the types of adoptions that occur in the United States and how they are applied unevenly and unfairly so as to burden potential adoptive children of same-sex partners. Part three of this Note assesses and reviews the variances in adoption statutes and how they affect the rights and statuses of adoptive children. Part four of this Note addresses the importance of recognizing adoptive children as a class that requires judicial protection because their interests are not properly represented in the political process.



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