The Best Interest of Children: Babets v. Johnston

Gay and Lesbian Advocates and Defenders (GLAD), the New England LGBT legal organization, is celebrating its 30th anniversary with a series of podcasts on their landmark cases. The case for October tells the story of Don Babets and David Jean, a gay couple who began fostering two brothers in 1985 through the state’s foster care system.

After “community opposition” to their family that earned coverage in the Boston Globe, the Department of Social Services (DSS) removed the boys from the couple and soon announced a new policy that essentially banned gay men and lesbians from fostering children. Governor and Presidential candidate Michael Dukakis and his administration supported the move.

The case took four years to litigate and resolve. The couple never regained the boys, but in 1990, as a result of the case, DSS returned to a “best interests of the child” standard for foster care, without regard to the sexual orientation of the parents.

The couple has now adopted four children.

Download the podcast to your device of choice. You can also get their featured case from May, about the first second-parent adoption in the state, if you missed it earlier, or subscribe to the whole podcast series.

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