Ga., the Court of Appeal rejected the case of acceptance lesbian
The Georgia State Court of Appeals considered the request of a parent looking for lesbians, the revocation of his ex-partner of the adoption of his biological child.As a result of the preliminary hearing that the arguments of both sides, the appellate court dismissed the case Wheeler v. Wheeler October 13. Dismissal 2005 confirms a judgement of a court Dekalb County, the biological mother refuses the demand for dissolution of the second part of the adoptive parents of their child his ex-partner.
Anthony Zezima, lawyer for the biological mother, he said, the file its intentions where the Supreme Court of Georgia. He criticized the control observers gay moral concern, as the case may affect the status of adoptions between same-sex couples.
“What I think all forget in this whole affair is that my client is also a lesbian. And it has individual rights, which sometimes exceed that of the Community,” said Zezima. “And what is lost in this whole affair. The fact that Lambda Legal, it is to defend, it’s Art obvious that the community is lost for the cause and not as individual rights. And that is what it ’s acts, their individual rights. ”
Jack Senterfitt, a lawyer for Lambda Legal, gay representation statutory interest group considered that the adoptive mother in the Appellate Body is the case, said he was “absolutely” loans to its customers to represent the interests before the High Court
The appellate court did not give a reason for refusal is the case, Senterfitt said.
“There was no other opinion or language, the Tribunal to know why. Essentially what this means is the law, the type of case, an application for annulment of a judgement, an appeal before the Court for discretionary Checking the origin granted, “he said. “Now they are, indeed, to say, ‘We have our spirit,” and it is as if after the initial request to the origin. ”
Zezima said he plans to file an application for certiorari to the revision of the Supreme Court, which court is the High Court, after examining the case and the judgments of lower courts.
Senterfitt would not speculate on the likelihood of the Supreme Court of Georgia approval of the revision of decisions, but said that the Tribunal hears “very, very few petitions for certiorari.”
Because adoption records are sealed, the names of parties and sex and age of the child were not released.
Georgia is currently the law is silent on the subject of adoptions by gay people, so that decisions in the hands of individual judges focuses on the best interests of the child.
“It’s something that can make a judge, but he, of course, to weigh the political aspects of the future,” said John Leopard, a gay Atlanta lawyer, handles cases acceptance, but did not been associated with the use Wheeler.
Leonard, a member of the Stonewall Bar Association, a gay legal group, said a revocation of adoption is virtually unknown in Georgia. Parties ask the courts to repeal the decree must prove that it is inappropriate to adoptive parents or the child is in danger of a certain way, “he said.
“Once you’re done, it is very difficult to one side adoption. It’s very difficult to do, and I think that finally the judge would say:” What would be the best interest of the child ” said Leonard.
Leopard predicted the Georgia Supreme Court refused to hear the case Wheeler. “I can not see that far,” he said.
The Georgia Court of Appeals recently ruled in favour of a lesbian mother in one case. The Court of the first child returned to the custody of Victoria Moses Gwinnett County, stopping to live their same-sex partner did not have a negative impact on their daughter 12 years. Lambda Legal and Senterfitt represented Moses in their case, the child against the biological father, Kelvin King.
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