Ga. Supreme Court rejects case, the gay adoption
The Supreme Court of Georgia quietly delivered a victory for adoptive parents in a gay February 26 decision was suspended at the same time as the fragility of the informal system, which was used for humans gay partners to adopt children in some areas, in the State.The high court of the State, 4-3 against consulting an average duty of lesbians of a biological mother, Sara Wheeler, asked to terminate his parental rights of his former national partners, Melody Wheeler.
The child was with the help of artificial fertilization, if the riders were a couple, and Sara Wheeler was the birth mother. DeKalb County Superior Court Judge Workman Anne Wheeler’s Melody authorizes adoption of the child during the years 2002 and confirmed Wheeler’s Melody of parental rights in 2005, after the couple separately.
The Georgia Court of Appeals refused to hear Sara Wheeler’s appeal in October, and the Supreme Court of the State mirrored that earlier decision, by refusing to hear the case Monday.
“It is very important that the adoption of a certain time after the adoption is final and are not a threat to the parent-child relationship,” said Greg Nevins, a senior manager of the legal profession in Atlanta office of Lambda Legal Defense & Education Fund, a gay legal group, defended Melody Wheeler.
“An assumption was made that the years should not be disturbed four years later - this is not a controversial principle,” said Nevins.
The release of Sara Wheeler’s Fall, without any comment of the Court of most forms of unanswered questions concerning the extent to which parents of gays and lesbians can be adoptive parents without setting the rights of biological parents, as is traditionally to adoption.
“They decided not only to decide,” said Anthony Zezima, Sara Wheeler’s lawyer, asked the Supreme Court on its decision.
“It is now, when a gay couple to adopt another child, she does not know if it is accepted [the court] or not… and most judges are in all of Georgia not to grant this type of adoption, “said Zezima.” It is never-never a country - nobody knows what they can do. ”
Georgia has no specific law to regulate the language of the sexual orientation of adoptive parents, instead of out single judge to decide if they allow adoption by gay individuals and couples. One of the biological parents must give up the rights if a child is a parent or foreigners, but a biological parent of parental rights can be maintained only if a child comes with a stepparent.
State law defines a stepparent right recognized as the spouse of the biological parent. Since gay couples can not spouses in Georgia, they should not be allowed, between what is commonly called the “second parent” adoptions, said Zezima.
Diverging opinions
Supreme Court Justice George Carley wrote an eight-page chastising disagreement, the Tribunal’s decision not to hear cases Wheeler, Carley as an “event of great importance, gravity and public importance.” Justices Hugh Thompson and Harold Melton s It is produced in the dissent.
“If a person has never, indeed, not possible, a spouse, parents can adopt the child, while the parent company still retains all its rights, is an important issue,” Carley wrote.
Carley, like most conservative members of the Court of Auditors, was the only DISSENTER allowing Atlanta, sexual orientation of its policy of non-discrimination, and was also just been subjected to Powell against the State, decriminalized consensual sodomy in Georgia.
Carley of the opinion “seemed very anti-gay and very anti-gay-family,” said openly gay State Czech Karla Drenner (D-Avondale Estates), concerned that the lawyer would be the opinion of a Call-to - Legislators action to prohibit gay adoption came into force. “It is like he said,” Do you not know that it happens’, “said Drenner.
In Georgia, insecurity in the courts for the adoption of the same sex, even in victory, the lawyer v. Wheeler Wheeler warned the case of gay couples on the seizure in the proceedings.
“I want me, [this case] to discourage same-sex couples others will follow this path, if nothing else, because the Court does seem to be of a mind to take [the adoption of same sex] on the side right now, “said Melody Wheeler’s attorney, Nora calf Bush Field. “When they go to court, they know not what they want to be.”
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