In a ruling on Monday, the U.S. Supreme Court overturned an Alabama Supreme
Court order denying a lesbian adoptive mother access to her children.
The Supreme Court found the lower court in violation of the constitution.
In a unanimous decision on Monday, March 7, the U.S. Supreme Court justices
overturned the Alabama Supreme Court’s order barring an adoptive
mother access to her children and refusing Georgia Court’s verdict.
The judgement was a direct rejection of the lower court’s ruling.
The two women, known as E.L. and V.L., were together for 16 years. They
conceived three children through reproductive technology. Their daughter
is now 13, while their twins of a boy and girl are 11. E.L. is the biological
mother who gave birth to the children. V.L. adopted the children with
explicit consent from her partner. The adoption took place in Georgia.
The parents, living in Alabama now, split five years later. E.L. denied
her ex access to the children. The courts in Alabama ordered the women
to share custody, complying with Georgia’s adoption rules. However,
the Alabama Supreme Court reversed the order, claiming that Georgia courts
wrongly decreed the adoption.
V.L. appealed the judgement in the Supreme Court. On Monday, the justices
unanimously agreed to overrule Alabama’s decision. The Supreme Court
asserted the state violated the “full faith and credit” constitutional
which respects the judicial proceedings of sister states.
When the Supreme Court issued their verdict, the adoptive parent was happy.
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.
At James D. Madden & Aruna P. Rodrigo, Family Law Attorneys, we are strong advocates for keeping
families together. In California, same-sex couples have the ability to
adopt and their parental rights must be protected. For help with family
law matters, contact our San Bernardino divorce attorneys today.