The United States Supreme overturned a ruling by the Alabama Supreme Court that denied a lesbian mother rights to her children. The unanimous decision was given on Monday, March 7.
The U.S. Supreme Court overturned the rulings of the Alabama Supreme Court on Monday, in a same-sex adoption case. The case involved two women who were fighting for custodial rights of their children. Not wishing to divulge their name, the women go be E.L. and V.L.
The couple had been together for 16 years. With the help of reproductive technology, they conceived three children, one daughter who is now 13 years old and twin boy and girl who are 11. E.L. gave birth to the kids, while V.L. legally adopted them with her partner’s explicit consent. The adoption occurred in Georgia.
Five years ago, the couple split in Alabama. The biological mother refused to give the adoptive mother access to their children. The Alabama courts ordered a decree of shared custody, in conjunction with Georgia adoption laws. The Alabama Supreme Court, who stated that the Georgia courts wrongly agreed to the matter of custody, overturned this ruling.
V.L. appealed the order with the Supreme Court. The justices unanimously agreed to overrule the state’s Supreme Court, saying that they were in violation of the “fill faith and credit” clause, which does not validate the ruling of a sister state over disagreements of merit or reasoning. The Supreme Court also asserted that Alabama incorrectly interpreted Georgia law and that the latter state was correct in their initial verdict.
The adoptive mother, upon finding out the verdict, said,
I have been my children's mother in every way for their whole lives. ... [When] the Alabama Court said my adoption was invalid and I wasn't their mother, I didn't think I could go on. The U.S. Supreme Court has done what's right for my family.
The case reveals the contentious debate over same-sex marriage and family law matters. At The Harris Law Firm, we believe that all parents have a right to care for their children. If you are going through a divorce and need help with family law matters, contact our Colorado child custody attorneys today.
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