|
 Lesbian Couple Becomes First In Maine To
Become Joint Adoptive Parents
by 365Gay.com Newscenter Staff
Posted: October 17, 2007 - 5:00 pm ET
(Portland, Maine) Two foster children who
have lived with Marilyn Kirby and Ann Countney for the past six years on
Wednesday officially became the couple's adopted children.
It is the first time a same-sex couple has been
awarded joint adoption in Maine. The order was signed in probate court following
a landmark ruling in August by the state's highest court.
The case began in 2001 when four-month-old Ryan and four-year-old
Michele - who are
brother and sister - were removed from their home after their biological
parents were no longer able to care for them.
The children, who had multiple emotional,
learning, and developmental problems, were placed with Ann Courtney, an
attorney, and Marilyn Kirby, a counselor.
The couple applied to adopt the children in 2002,
and filed adoption petitions in Cumberland County Probate Court in May
2006.
The judge denied their petition, citing Maine
adoption law which allowed only one unmarried person or a married couple to
adopt.
While either of the women could have adopted the
children the couple decided they wanted the children to be adopted jointly and
appealed.
The couple was represented by Gay and Lesbian Advocates and
Defenders and had the support of professional organizations including the
American Psychological Association, the Child Welfare League of America, and the
Maine Chapter of the American Academy of Pediatrics.
Attorney General Steven Rowe also filed a friend
of the court brief, arguing that prohibiting this adoption would be counter to
the letter and purposes of Maine’s Adoption Act, which seeks to protect the
best interest of each adoptive child.
“A joint adoption assures that in the event of
either adoptive parent’s death, the children’s continued relationship with
the surviving parent is fixed and certain,” the Law Court - Maine's highest
court - said in its written decision.
“A joint adoption also enables the children to
be eligible for a variety of public and private benefits…Most importantly, a
joint adoption affords the adopted children the love, nurturing, and support of
not one, but two parents."
The unanimous ruling has opened the door in Maine
for other co-parent adoptions by same-sex couples.
Maine currently has 2,286 children in foster
care, according to the Central Office Adoption Manager at the Department of
Health and Human Services. At least 530 of those children have a goal of
adoption, HHS said.
Co-adoptions are are expressly permitted in a
dozen other states, including the New England states of Connecticut, Vermont,
and Massachusetts.
©365Gay.com 2007
|
Entertainment
