California’s same sex couple denied custodial rights

This article was last updated on April 16, 2022

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The Californian same sex couple’s request to have both of them officially listed as the parents of an adopted 5-year old boy has been denied by the Supreme Court in a cross state clash.

The court did not allow the couple to comment and rejected their appeal. The Californian gay couple claims that the adopted child was born in Louisiana and the state of Louisiana has an unconstitutional policy against adoption by unmarried partners. The state used that policy to justify naming only one of them on an amended birth certificate.

The gay couple of Oren Adar and Mickey Ray Smith said that gay couples have all the right to be listed on such documents as joint custodial parents.

In 2006 the couple who then resided in San Diego adopted a 1 year old boy from Louisiana. The adoption was finalized in New York State, where the couple was then residing.

The couple in their Legal Brief said “Obtaining an amended birth certificate that accurately identifies both parents of an adopted child is vitally important for multiple purposes, including determining the parents’ and child’s right to make medical decisions for other family members at the necessary moments; determining custody, care, and support of the child in the event of a separation or divorce between the parents,”

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1 Comment

  1. My blog concerning the repeal on DOMA from a Christian perspective. I was reading several articles tonight regarding Obama’s repeal on the Defense of Marriage Act and how recently there was a case where the unmarried same-sex partners in New York unsuccessfully sued to change an adopted boy’s Louisiana birth certificate to state that the child had two fathers! This brought me to watch several vcomment_IDeos of partners explaining why their relationships work and they re-instated what family is about, in which the majority of the responses I dcomment_ID not disagree. However, in watching the vcomment_IDeos, I just feel like I need to write down quickly some of my thoughts on some of the things that are burdening on my heart. I want to also state that I used to struggle with homosexual thoughts in my heart for several years until God revealed to me what it means to be family. My responses to statements or questions are not extensive, and all of it I share with deep conviction in a lot of my own walk and experience that the Lord has helped me work out in my own heart…. http://lovehop.org/features/blog/entry/responding-to-the-statements-in-the-homosexual-community

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