SUPREME COURT OF THE UNITED STATES V. L. v. E. L., ET AL: A same-sex couple fight over custody & adoption

In this case, the Supreme Court was petitioned to determine if a lesbian woman had any parental rights over her former lesbian spouse’s biological children. The lesbian couple were married in the state of Georgia and one partner (prior to marriage) had 3 children by in vitro. The other partner subsequently adopted the children and both partners raised the children as coparents. They later married and remained married for over a decade. When the divorce came the biological mother tried to cut the former spouse out of the children’s lives and to deny her any custodial or visitation access to the children on the basis that she is not their parent. The case was first brought in Alabama which agreed that the non biological parent had no right to the children since, as argued by the court, the Georgia court had lacked subject matter jurisdiction over the adoption and further that Alabama did not have to grant full faith and credit to the Georgia adoption decree.

The Supreme court granted cert and decided that indeed not only that the Georgia court properly exercised jurisdiction and that the adoption is entitled to full faith and credit as between sister states. The Supreme Court remanded the case to Alabama for further proceedings.

 

For more on this case read here.

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