Legal Issues Of Homosexual Adoption

In the thousands years of human being, homosexuality is a universal kind of behavior in society. Society’s attitude towards homosexuality has been changed a lot due to the differences of history and religions. Since the 20 th century, homosexuality movements have gained enormous development. More and more countries legislate for the homosexuals to protect their rights on marriage and adoption. Influenced by the homosexuality movements in the western countries, the homosexuals in China also start to fight for their human rights. In China, homosexuality is no longer crime or illness, but China still has to face the issue of how to protect homosexuals’ right by law.This thesis selects homosexual adoption as a perspective, reviewing the legislation and practice on homosexual adoption in different countries, analyzing the modes of homosexual adoption under various homosexual marriage modes. As the process of globalization, legal issues of homosexual intercountry adoption should also be pointed out and analyzed, including substantial and procedural essentials, the governing law and recognition and enforcement. Although there is still a long way to go to legalize homosexual marriage, China can admit the legitimacy of foreign homosexuals’ marriage and adoption. Therefore, China could protect the human rights of people all over the world, eliminate the conflict between laws and sow the seed of homosexuals’ rights in China.