  
|  | |||||||||||||||||
Court avoids gay parental rights issueFrom Bill Mears  YOUR E-MAIL ALERTSWASHINGTON (CNN) -- The U.S. Supreme Court has again avoided wading into the contentious issue of parental rights for gay and lesbian couples, in effect allowing a California woman to go forward with plans for a "second-parent" adoption. The justices refused without comment Monday to get involved in a long-standing dispute between a former couple over custody of one of their two children. At issue is whether an independent adoption in which the birth mother does not give up her parental rights is legislatively and constitutionally permissible. The high court has never gotten involved in cases over the rights of gays in child custody appeals. At least 10 states and the District of Columbia have laws allowing second-parent adoptions through a court order. Eighteen states acknowledge "de facto" parents, who though not legally recognized, serve as a child's parent, according to Lambda Legal Defense and Education Fund, a gay-rights group. Two San Diego women -- identified in court papers only as Sharon S. and Annette F. -- met at Harvard Business School and started a long-term relationship in 1989. The couple had two children, with Sharon as the birth mother. Annette completed a second-parent adoption of the oldest child and was in the process of doing the same for the younger child when the couple separated. Sharon tried to block the second adoption, saying California law did not permit it without her consent. Court records noted the couple's relationship after the 2000 breakup has been "somewhat volatile." The two could not reach agreement on permanent custody or visitation for the children, prompting a lengthy court fight. Annette then sought a court order allowing her to adopt the youngest child, Joshua. California's highest court in 2003 ruled for Annette, saying second-parent adoptions are permissible. The justices concluded, "California adoption statutes have always permitted adoption without regard to the marital status of prospective adoptive parents." A trial court later affirmed in favor of Annette. Second-parent adoptions make both members of same-sex couples the legal parents of their children. They ensure the child receives financial support, medical coverage and inheritance rights, even if the caregiver couple separates. The parents also share in joint decisions over medical care, education and automatic custody if one partner dies. Last week, the justices also declined to intervene in a Washington state dispute between a lesbian couple concerning ties to a child the two helped raise together. Such disputes create unique sets of problems for courts, since they do not match more established laws regarding parental rights. Some state laws are ambiguous over the issue. Although state courts are seeing more such disputes, the number of children living with same-sex parents is not clear. Colage, a nationwide support group for people with gay and lesbian parents, estimates more than 250,000 people under 18 live with unmarried same-sex couples. There are no U.S. census figures on the issue, and Colage points out many of those children with a gay or lesbian parent might not live with that parent, or that parent may not have publicly declared his or her sexuality. Also on Monday, the justices: Copyright 2006 CNN. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed. Associated Press contributed to this report. 
|
| |||||||||||||||||
| © 2007 Cable News Network. A Time Warner Company. All Rights Reserved. Terms under which this service is provided to you. Read our privacy guidelines. Contact us. Site Map. |
 |
|
External sites open in new window; not endorsed by CNN.com
Pay service with live and archived video. 
