Alabama Judge Refuses To Approve Adoption Of Lesbian Couple Who Fought Gay Marriage Ban, February 26, 2015

Less than two weeks after a lesbian couple won the right to have their marriage recognized in Alabama, Mobile County’s probate judge has refused to process the couple’s adoption petition.

Cari Searcy and Kimberly McKeand, together over 15 years, exchanged vows in California in 2008.

In 2005, McKeand gave birth to the couple’s son, K.S.

In 2012, Mobile County Probate Judge Don Davis denied Searcy’s request to adopt K.S., citing the state’s law that only married couples may adopt their partner’s children. Davis determined that Searcy was not a “spouse” of McKeand because Alabama does not recognize their out-of-state marriage.

The women challenged the state’s marriage ban and won. U.S. District Judge Callie “Ginny” Granade declared unconstitutional an Alabama law and constitutional amendment limiting marriage to heterosexual couples. Her ruling took effect on Monday, February 9 after the Supreme Court refused to block its implementation.

Davis refused to comply with the ruling until Granade ordered him to begin issuing marriage licenses to gay couples.

According to, Davis has indicated that he will not process the women’s adoption petition until the Supreme Court rules in a case challenging marriage bans in four states.

A lawyer for the couple called Davis’ decision “disappointing.”

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Anthony Brown

Anthony Brown

Attorney and Advocate at Time For Families
Who am I? On the deepest level, I am blessed. I have an amazing partner, who I have known since 1989 and been married to since 2004. I am the donor dad of two beautiful daughters who have two moms who are equally amazing. My husband and I have expanded our family through surrogacy and have a seven-year old son. I have had three careers (acting, massage therapy and the law) and I am still discovering myself. I am the Board Chair of Men Having Babies. The one thing I know for sure is that life is about trusting your instincts. Family is an instinct.
Anthony Brown