In re Adoptions of B.L.V.B. and E.L.V.B. – Adoption
In re Adoptions of B.L.V.B. and E.L.V.B., 628 A.2d 1271 (Vt. 1993).
NATURE OF THE CASE: This lawsuit involved a dispute over termination of the natural mother’s parental rights if her children are adopted by a person she is not married to.
FACTS: Appellants were two women who lived together in a lesbian relationship since 1986. Jane gave birth to two children and both Jane and Deborah have been equally responsible for raising and parenting the children since birth. Appellants sought legal recognition of their existing status as co-parents and asked the probate court to allow Deborah to adopt the two children while leaving Jane’s parental rights intact. All parties and DHS concluded that it would be in the best interests of the children that the adoption as requested be allowed. The probate court denied the adoptions as the adoptive mother does not satisfy the requirement that they be married and also the trial court could not leave Jane’s rights intact. This appeal resulted.
ISSUE: Must an adoptive parent give up her parental rights if she permits another life partner to adopt her present children?
RULE OF LAW: No. An adoptive parent need not give up her parental rights if she permits another life partner to adopt her present children.
HOLDING AND DECISION: The court held that when the state law is read as a whole its is clear that its general purpose is to clarify and protect the legal rights of the adopted person at the time the adoption is complete, rather than to bar adoptions by certain types of couples. Who may adopt is covered as well as the lines of inheritance of adoptees, preserving the right to inherit from natural parents and granting the right to inherit from the adopted parents. The statute terminates the rights of the natural parents but that section assumes that the child will be removed from the natural home. There is an exception for step parents preserving the natural parent’s rights in a step parent adoption that makes the legislative intent clear.
It would be against common sense to terminate a biological parent’s rights when that parent would continue to raise and be responsible for the child. This adoption is consistent with the spirit of these statutes. Statutes must be interpreted to allow for changes in social mores in a manner that does not frustrate the purposes behind the legislation. To deny children of same sex partners as a class the security of legally recognized relationships with their second parent would not serve a legitimate state interest. Normally this case would be remanded but since these adoptions were unopposed by DHS and there is no evidence to suggest that the best interests of the children would not be served by this request we order the adoptions granted.
DISPOSITION: Adoption granted.