USA Today has the breaking news:
The Supreme Court on Monday unanimously reversed an Alabama court’s refusal to recognize a same-sex adoption.
The justices upheld a challenge brought by an Alabama woman after her state’s highest court refused to recognize the adoption she and her former lesbian partner were granted in Georgia.
The couple never married and have since split up. But the case presented a test of an issue that crops up occasionally in state and federal courts since the Supreme Court struck down state bans on same-sex marriage: Can gays and lesbians be denied adoption rights?
The case was brought by “V.L.,” as she is identified in court papers, against her former partner “E.L.,” who gave birth to three children between 2002-04 while the couple was together. To win adoption rights for V.L., they established temporary residency in Georgia.
Now that they have split, E.L. agreed with the Alabama Supreme Court, which ruled in September that Georgia mistakenly granted V.L. joint custody. E.L.’s lawyers argued that “the Georgia court had no authority under Georgia law to award such an adoption, which is therefore void and not entitled to full faith and credit.”
Oh, yes. The sadz will be lovely.
UPDATE: JMG reader Andrea sends us the link to the ruling on page 52.
UPDATE II: From the National Center for Lesbian rights, which helped represent the plaintiff.
“I am overjoyed that the U.S. Supreme Court reversed the Alabama court decision,” said the adoptive mother, V.L. “I have been my children’s mother in every way for their whole lives. I thought that adopting them meant that we would be able to be together always. When the Alabama court said my adoption was invalid and I wasn’t their mother, I didn’t think I could go on. The Supreme Court has done what’s right for my family.”
“The Supreme Court’s reversal of Alabama’s unprecedented decision to void an adoption from another state is a victory not only for our client but for thousands of adopted families,” said National Center for Lesbian Rights Family Law Director Cathy Sakimura, who is representing V.L. “No adoptive parent or child should have to face the uncertainty and loss of being separated years after their adoption just because another state’s court disagrees with the law that was applied in their adoption.”
V.L and E.L. were in a long-term same-sex relationship in which they planned for and raised three children together, using donor insemination. To ensure that both had secure parental rights, V.L., the non-biological mother, adopted the couples’ three children in Georgia in 2007, with E.L.’s support and written consent. When the two later broke up, E.L. kept V.L. from seeing the children, fighting her request for visitation, and arguing that the Georgia adoption was invalid in Alabama, where they live.