Supreme Court Refuses to Hear Same Sex Adoptive Parents’ Appeal

According to a Reuters article, gay couple, Michey Ray Smith and Oren Adar, formally adopted their child in New York in 2004. The Louisiana residents had to adopt their child in New York because only married couples are permitted to adopt in Louisiana.

Once the adoption was finalized the article said that the couple returned to Louisiana, but when they attempted to receive a new birth certificate with both parents listed, the state refused because the couple was unmarried.

The couple began a legal battle to receive the same rights as a married couple in the state of Louisiana, and have both of their names listed on the birth certificates. The couple eventually won a decision in their favor.

However the article said that a US Appeals court the decision was overturned, as the court found that “a Louisiana registrar’s decision not to list both men does not violate the child’s right to equal protection under the law and does not deny legal recognition of the New York adoption.”

The article said that Paul Smith, a Washington attorney, argued in the Supreme Court appeal that “Louisiana unconstitutionally treated children differently based on the marital status of their adoptive parents. He also said the constitution required states to accept as valid legal judgments issued in other states.”

On Tuesday the Supreme Court decided to not hear the appeals case and did not issue a comment according to the article.

As mentioned in the post, New York State welcomes the LGBT community to be adoptive parents and Adoption STAR has years of experience working with the LGBT community. If you care considering growing your family through adoption please visit our adoptive parents section of the website, you can also contact the agency by email or phone at (716)639-3900.

To read the full Reuters article, click here.