Saturday, April 15, 2006

Case Law Development: Indiana Court of Appeals Says Gay Couples May Adopt

An Indiana appeals court ruled Thursday in favor of allowing same-sex couples to jointly adopt children. In a 2-1 decision, the Indiana Court of Appeals ruled that Indiana law did not bar adoption of an infant girl by a lesbian couple. Prior to this decision, adoptions to unmarried couples were granted only if the child was the natural offspring of one partner or had already been adopted by one partner in the pair. 

The majority wrote that the “primary question we must resolve is one of statutory interpretation, namely, whether the Indiana Adoption Act permits an unmarried couple—any unmarried couple, regardless of gender or sexual orientation—to file a joint petition for adoption.” After reviewing Indiana’s adoption statutes, it concluded that “It is apparent to us that in enacting [the adoption statutes], the legislature was requiring married persons to petition jointly . . .. But it does not follow that in placing this requirement upon a married couple, the legislature was simultaneous sly denying an unmarried couple the right to petition jointly. Indeed, . . . there is nothing in the Adoption Act that suggests that to have been the legislature’s intent.”  Source.  Christopher Curtis, PlanetOut Network, gay.com. For the complete news story, please click here (last visited April 15, 2006, reo). The Indiana Court of Appeals Opinion in this case may be obtained by clicking here (last visited April 15, 2006, reo).

http://lawprofessors.typepad.com/family_law/2006/04/case_law_develo_21.html

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