Supreme Court is asked to review Alabama decision refusing to recognize adoption by lesbian
A cert petition filed with U.S. Supreme Court on Monday seeks review of an Alabama Supreme Court decision refusing to recognize a Georgia adoption granted to a lesbian mother.
The petition (PDF) claims the Alabama Supreme Court decision violates the full faith and credit clause, the Washington Post reports. The petitioner, identified as “V.L.,” had sought visitation in Alabama. Her three adopted children had been conceived by her one-time partner through artificial insemination.
The Alabama Supreme Court said in a Sept. 18 opinion that it was ruling the Georgia court “was not empowered” to grant the adoption because Georgia law doesn’t allow a nonspouse to adopt unless the biological parents’ parental rights are terminated. The biological mom had not relinquished her parental rights.
The Alabama Supreme Court said its jurisdictional ruling didn’t amount to review on the merits, which would violate the full faith and credit clause.
The cert petition asserts that a jurisdictional determination by a state court is itself entitled to full faith and credit in courts of other states.
The petition says the Alabama ruling “effectively stripped V.L. of parental rights over the children she had raised since they were born.” She is represented by the National Center for Lesbian Rights, which has information on the case here.
Headline revised and typo corrected at 10:15 AM.
