AdoptionBlogger.Com

Louisiana & Birth Certificates

The State of Louisiana has refused to reflect both parents names on the birth certificate of their son who was born in Louisiana and adopted in New York.

Case is now before the 5th US Circuit Court of Appeals after the US District Court ruled in December 2008 that Louisiana's Office of Vital Records had to give full faith and credit to the New York STate court and place both of the child's parents names on the birth certificate.

http://www.sfexaminer.com/local/ap/5th-us-circuit-court-hears-arguments-for-2-dads-63696112.html#

West Virginia: Foster Care: Can't remove child because not in "traditional" home

In an unsigned opinion released Friday, the court granted Kathryn Kutil's and Cheryl Hess's petition for a writ of prohibition against Fayette County Circuit Judge Paul Blake's 2008 order that the 19-month-old girl whom the petitioners began caring for soon after her birth be placed in a foster home with a mother and father until she was officially adopted.

http://www.wvrecord.com/news/219438-court-sides-with-same-sex-couple-in-adoption-case

Michigan: Movement on Second-Parent Adoption

Bill sent to Michigan's House Judiciary Committee for full house consideration.

http://michiganmessenger.com/17506/bill-to-allow-second-parent-adoption-clears-house-judiciary-committee

Michigan: gay adoption from illinois recognized in michigan

michigan court held that adoption by a lesbian couple in illinois is valid in michigan based on the constitution of the united states.  thus, the michigan court system should preside over custody disputes.  this is newsworthy as the state of michigan bars gay adoption.

http://www.wandtv.com/Global/story.asp?S=9879844&nav=menu589_1

West Virginia: "Family" Policy Council of West Virginia Trying to Stop Same-Sex Adoption

A same-sex couple fostered a newborn born to a drug addicted mother.  After the court found her unfit, the family sought to adopt the child together.  State code only provides for adoption by married couples or single persons.  The State forwarded a plan that the same-sex couple, though not legally married, would be preferred as adoptive parents.  Fayette County Circuit Court Judge Paul M. Blake Jr. held that the family had too many children and that unmarried couples could not adopt together under State law.

The family is appealing the decision scheduled to be heard March 11.

http://www.statejournal.com/story.cfm?func=viewstory&storyid=50940

West Virginia: "Traditional" married vs. same-sex couple

Supreme Court agreed to review decision by West Virginia Judge who held on November 12, 2008 that the State had failed to seek a "traditional most family-like setting with a mother and father" after the placement with the birthfamily failed. 

Baby was placed via foster care with same-sex couple.  After the birthparent's parental rights were terminated, the Judge refused to allow the child to be adopted by the couple.

 http://www.dailymail.com/News/200812110455

Arkansas bans "unmarried couple" adoption

http://news.yahoo.com/s/ap/20081105/ap_on_el_ge/arkansas_adoption_1

US News & World Report Article - Courts vs. Legislature

Article suggests that culture war on Same-Sex Adoption may surface: 

3 States Against Same-Sex Couple Adoption:  Florida, Utah, Mississippi

12 State For Same-Sex Couple Adoption

35 States - Up to Courts - Uncertainty

Some gay adoption advocates suggest handling cases on a case-by-case basis rather than working it through the leglislature.

http://www.usnews.com/articles/news/national/2008/10/31/emerging-gay-adoption-fight-shares-battle-lines-of-same-sex-marriage-debate.html

Barriers to same-sex adoption harm children:

http://outandaboutnewspaper.com/article.php?id=2992

Florida: gill v. dcf

second case (on heels of successful key west case brought by same plaintiffs) challenging florida law prohibiting gay adoption and seeking to adopt two-half brothers fostered by couple since 2004.

  http://www.miamiherald.com/news/miami-dade/breaking-news/story/708775.html

Kentucky: Court of Appeals blocks same-sex adoptions processed as step-parent adoptions

Kentucky court of appeals held that judges had to stop processing second-parent adoptions as stepparent adoptions.  This holding prevents unmarried individuals from adopting.  In Kentucky, same-sex marriages are not allowed by statute and not allowed by amendment to their state constitution. 

This holding prevents second-parent adoptions in Kentucky.

http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080916/NEWS01/809160428