U.S. Supreme Court

SCOTUS stays Alabama decision refusing to recognize adoption by lesbian

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The U.S. Supreme Court has granted an emergency stay to a lesbian woman seeking review of an Alabama Supreme Court decision that refuses to recognize her adoption of three children.

The Supreme Court granted the stay in an order (PDF) on Monday, according to a press release. The stay will allow the woman, identified as “V.L.,” to continue visitation with the children during the appeal, according to the National Center for Lesbian Rights.

V.L.’s cert petition maintains the Alabama Supreme Court decision violates the full faith and credit clause.

The Alabama Supreme Court had ruled the Georgia court “was not empowered” to grant the adoption to V.L. because Georgia law doesn’t allow a nonspouse to adopt unless the biological parents’ parental rights are terminated. The biological mom, with whom V.L., had been in a long-term relationship, had not relinquished her parental rights.

The Alabama Supreme Court said its jurisdictional ruling didn’t amount to review on the merits.

V.L.’s children are ages 13, 11 and 11, according to the National Center for Lesbian Rights. She raised the children since birth, but has not had visitation since April.

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