The ACLU recently filed a federal lawsuit in North Carolina seeking to strike down a state law that restricts adoption by same-sex couples. Under the statute, unmarried individuals may only adopt when the biological or the prior adoptive parents relinquish their rights. (Although the law applies to all unmarried individuals, regardless of sexual orientation, the ACLU believes that the statute has a discriminatory impact and is aimed at barring same-sex couples from adopting children.)
Similar suits abound. Earlier this summer, the New Mexico Supreme Court determined that the same-sex partner of an adoptive parent had a legal right to seek custody of a child after the couple's relationship ended. And in February of this year, a Massachusetts appeals court ruled that same-sex partners who marry and have a child through artificial means are entitled to the same child-custody standards as heterosexual couples.
What position do you adopt?
To view a copy of the United States District Court's decision, please use the following link: Fisher-Borne v. Smith
To read an article about the ACLU's lawsuit in North Carolina, please use the following link: NBC News
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Inquiries may be directed to Newman Ferrara attorneys, Prof. Randolph McLaughlin or Jeff Norton, at 212-619-5400