Idaho Supreme Court: Any Adult Can Adopt Any Child

[DonViejo]

BY ZACK FORD ON FEBRUARY 12, 2014 AT 9:44 AM

In a decision that could impact families of all stripes, the Idaho Supreme Court ruled that the state’s laws allow not only for same-sex couples to jointly adopt children, but for any adult to potentially adopt any child regardless of marital status. The case was brought by a lesbian couple (Jane Doe and Jane Doe I) who have been raising two children together since the children were born, seeking second-parent adoption for Jane Doe.

According to the Court, nothing in Idaho law requires marital status to be considered as a factor for a second-parent adoption. This ruling guarantees that all same-sex couples in the state will be eligible for a second-parent adoption:

It bears mentioning that this is not a case dealing with same-sex marriage. Rather, it is strictly a case dealing with Idaho’s adoption laws. Those laws, including the issue of who may adopt, are set by the Idaho Legislature. The Legislature has imposed no restrictions that would disqualify Jane Doe from seeking to adopt Jane Doe I’s children, and the Court will not imply any such restrictions based upon Idaho’s marital statutes. We emphasize that Jane Doe’s sexual orientation was wholly irrelevant to our analysis. Likewise, it is immaterial in determining whether Jane Doe satisfies the statutory requirements for adoption outlined in chapter 15, a question which must be decided on remand.

The case is not entirely over, as the adoption proceeding still must be considered, but nothing about Jane Doe’s gender should impede her from adopting the children she’s already raising.

more
http://thinkprogress.org/lgbt/2014/02/12/3282201/idaho-adoption/

[LadyHawkAZ]

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