Va. board to consider delay on new adoption rules

RICHMOND

Gay rights advocates notched a victory Wednesday when the State Board of Social Services agreed to allow more time for public comment on proposed state adoption standards that lack protection against discrimination against gays and some other prospective parents.

But the extra 30 days granted by the board may do little more than delay the approval of the regulations, which govern private child placement agencies licensed by the state.

The extended comment period will begin next month and continue through Oct. 12, about one week before the next board meeting.

From there, the board has the option to approve the regulations as is or amend them.

In April, the board struck language from the pending regulations that would have prohibited discrimination against would-be adoptive and foster parents due to sexual orientation, religion, age, gender, disability, political beliefs and family status.

A draft version with those protections survived earlier reviews by Gov. Bob McDonnell's administration and the attorney general's office, but they were deleted after social conservatives and some faith-based adoption agencies protested earlier this year.

Discrimination based on race and national origin is already banned, a standard state officials said is consistent with federal law.

Those who favor broader discrimination rules say they would benefit many potential parents, not just those who are gay, and expand the pool of people who might adopt.

As of last month, 4,718 Virginia children were in foster care. That figure includes 1,297 kids on the adoption path; about half of them are waiting for placement. State law permits married couples and individuals, regardless of sexual orientation, to adopt.

Removing protections from the regulations could allow potential parents to be rejected because they're too old, already have children in the house, don't practice the same faith as an adoption agency, or have a permanent military service injury, said Claire Guthrie Gastanaga of the gay rights group Equality Virginia.

Representatives of faith-based adoption agencies counter that adding new protected categories to the regulations would force them to slight their beliefs in order to meet the standards, and could result in some ending their adoption programs.

Both sides insist they have the best interests of children in mind.

"The fact is that the discriminatory regulations they propose would prevent hundreds of children from being placed in loving homes," said Victoria Cobb, the president of Family Foundation of Virginia. "The Board of Social Services should make their final decision based on what is in the best interest of children and not on the personal desires of adults."

McDonnell has said the current rules are proper and additional protections unnecessary.

The appeal for the extra 30-day comment period was made in May by advocates who considered an extension justified because the draft regulations had been substantially changed from their earlier form.

The American Civil Liberties Union of Virginia supported Equality Virginia and other activists and indicated litigation could be pursued if the board didn't grant the request.

That won't happen now that the comment period has been extended, though it doesn't mean the ACLU wouldn't consider future legal action over perceived adoption discrimination.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com