NC: Court upholds second parent adoption rights, establishes precedent for same-sex couples

[ccharles000]

The state Court of Appeals has upheld Sen. Julia Boseman's adoption of her former domestic partner's child.

A three-judge panel of the court unanimously agreed that Boseman's 2005 adoption of Melissa Jarrell's child cannot be undone. State law creates a nearly impossible hurdle for reversing completed adoptions, and to nullify the adoption and deny Boseman joint custody, Jarrell had challenged whether state law even allowed gay or lesbian parents to adopt.

"While state law does not specifically address same-sex adoptions, these statutes do make clear that a wide range of adoptions are contemplated and permitted, so long as they protect the minor’s 'needs, interests, and rights,'" Judge Wanda Bryant wrote in the opinion.

Bryant wrote that the court would have reached the same conclusion if the couple in question were heterosexual.

State law governing adoption does not specifically mention adoption by same-sex couples. Jim Lea, a domestic law specialist in Wilmington and one of Boseman's attorneys said that such adoptions have already been occurring. But the court opinion affirms the right of gay and lesbian couples to adopt.

"Now I think it's very clear that if a couple chooses to go out and adopt the child and execute the necessary waivers, that homosexual couples can adopt children," Lea said. "To say that a couple should not be able to adopt a child because they're gay, on that reason alone is just plain wrong."

Efforts to reach Jarrell's attorney Tuesday failed.

http://projects.newsobserver.com/under_the_dome/court_upholds_boseman_adoption

[ccharles000]

1. kick

[waiting for hope]

2. Jarrell is a bit hypocritical here -

When she gave birth to the baby, she was the one that initiated the adoption process for Boseman. After the split, she decides to challenge it. One good thing, it does establish precedent - not the outcome I wager Jarrell was looking for.