Court rules Fla. must honor gay second-parent adoptions

floridaflagBy 365gay Newswire

05.13.2009

Sarasota, Fla.) Today, the Florida Court of Appeals unanimously reversed a lower court ruling and held that Florida must give full faith and credit to adoptions granted to same-sex couples by other states, holding that Lara Embry, the plaintiff in the case, “must be given the same rights as any other adoptive parent in Florida.”

The court based its decision on the Full Faith and Credit Clause of the federal constitution and a Florida statute requiring Florida to honor adoption decrees from other states.

Noting that “there are no public policy exceptions to the full faith and credit which is due to judgments entered in another state,” the court concluded that “regardless of whether the trial court believed that the Washington adoption violated a clearly established public policy in Florida, it was improper for the trial court to refuse to give the Washington judgment full faith and credit.”

A concurring opinion further noted that Embry’s “same-sex relationship with [the other parent] is irrelevant for the purpose of enforcing her rights and obligations as an adoptive parent.”

Lara Embry had filed a petition seeking shared custody of a child she had raised with her former partner, Kimberly Ryan. The couple had two children together. Each gave birth to one child, and each adopted her non-biological child through a second-parent adoption in the state of Washington, where the family lived. The couple moved to Florida, and their relationship ended several years later. They agreed to share custody of both children and did so successfully until Ryan unilaterally decided to separate the children, who are deeply bonded as siblings, and cut off all contact between Embry and one of the children.

The National Center for Lesbian Rights (NCLR) and Leslie Talbot represented Lara in her initial suit for shared custody. In February 2008, a Florida trial court held that Florida would not recognize the couple’s second-parent adoption. NCLR, Karen Doering, and the law firm of Carlton Fields represented Lara in the appeal. Former Judge John R. Blue and Cristina Alonso, attorneys with Carlton Fields briefed and argued the case before the Second District Court of Appeal on March 18, 2009.

“We are pleased this decision resolved an important constitutional issue and protected the legal bond between adoptive parents and their children,” said Blue. “The court affirmed the longstanding rule that Florida must honor valid adoptions from other states, which ensures the permanence and stability of parent-child relationships across state lines.”

in Legal  by Anthony Brown 0 comments

Lesbian couple appeals order removing their foster child

Lesbian couple appeals order removing their foster child
By 365gay Newscenter Staff
03.11.2009 4:39pm EDT

(Charleston, West Virginia) The West Virginia Supreme Court was asked Wednesday to overturn a lower court ruling that removed a child they had reared from birth because the judge wanted the child placed with a married, opposite-sex couple.

Fayette Circuit Judge Paul Blake originally agreed to allow Kathyrn Kutil and Cheryl Hess be foster parents for the infant girl, following a positive assessment by the Department of Health and Human Resources.

Court records show that the little girl was born to a drug addicted mother and the baby had cocaine, opiates and benzodiazepines in her system. Shortly after birth, the baby went through drug withdrawal. The father was unknown.

The Department placed the child with Kutil and Hess, who had been approved as foster parents, when it could not find any blood relatives of the mother.

But nearly a year later, when the couple applied to adopt the little girl, both the Department and Judge Blake balked. Last year in his ruling, Blake ordered the child, removed saying the baby should be permanently placed in a home where the parents would be a married opposite-sex couple.

The ruling said that he had agreed to allow the women to foster the child because it was the best option at the time. But he never intended it to be permanent.

“I think I’ve indicated time and time again, this court’s opinion is that the best interest of a child is to be raised by a traditional family, mother and father,” Blake’s ruling said.

In their appeal to the sate Supreme Court, the women argue that Blake exceeded his authority and violated their constitutional rights. The appeal argues that Blake is “setting a dangerous precedent” for discriminatory treatment of non-traditional families.

A different judge recently approved Kutil’s adoption of a 12-year-old girl whom she’d been fostering for over two years, the appeal notes.

West Virginia law allows either single individuals or married couples to adopt. It says nothing about same-sex couples.

The Supreme Court, when the notice of appeal was filed, issued a stay on implementing Blake’s removal order and the child remains with the couple pending a final ruling by the high court.

The justices gave no indication when that might be.

in Foster Care / Foster Parenting / In the News / Legal / Legislation  by Anthony Brown 0 comments