Family Law

Lesbian may adopt her wife's children, Idaho Supreme Court says

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A lesbian couple married in California has won an adoption battle in Idaho.

As a result of an Idaho Supreme Court ruling on Monday, Darcy Drake Simpson will be allowed to pursue the adoption of her spouse’s two children, the Idaho Statesman reports.

A magistrate had denied the adoption without a hearing last summer, saying that the marriage of Darcy Drake Simpson and Rene Simpson was not legally recognized in Idaho. But the Idaho Supreme Court said the magistrate’s interpretation was not supported by the plain language of the law, which allows “any adult person” residing in Idaho to adopt.

A lawyer for the couple, Bill Mauk, told the newspaper that the ruling would also benefit grandparents and others seeking to adopt.

The couple was not identified in the opinion but they agreed to be named by the Statesman to raise awareness about the issue, the story says.

Hat tip to How Appealing.

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