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Supreme Court reverses Alabama court that denied lesbian’s adoption

Supreme Court reverses Alabama court that denied lesbian’s adoption

The Supreme Court just unanimously reversed an Alabama court’s refusal to recognize a same-sex adoption.

The woman, who was identified only as V.L. in the court documents, was challenging the decision made by Alabama’s highest court refused to recognize the adoption her and her former partner, identified as E.L., were granted in Georgia.

While the pair were together, E.L. gave birth to three children between 2002 and 2004. To win adoption rights for V.L., they established temporary residency in Georgia. Now, however, since the couple separated E.L. fought for sole custody of the children.

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.”

But, according to the supreme court, that was totally wrong. “A state may not disregard the judgment of a sister state because it disagrees with the reasoning underlying the judgment or deems it to be wrong on the merits,” its reversal said.

Rather, Alabama must give “full faith and credit” to the Georgia court’s decision.

About 30 states grant “second-parent adoptions” to queer couples by law or lower court rulings. These adoptions benefit parents who do not share a biological connection with the child, while ensuring that children have two legal parents — particularly in case one dies or is incapacitated.

This case could affect other states that challenge or deny same-sex adoptions, according to a brief submitted by adoption and child welfare agencies.

“While at least 30 states have permitted second-parent adoptions, almost all of them have done so under statutory frameworks that, like Georgia’s, do not expressly embrace the concept,” the brief says. “As a result, the number of children who could be adversely affected by the Alabama Supreme Court’s decision is large.”

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