ADOPTION ILLEGAL BECAUSE WOMEN WEREN'T MARRIED, MOTHER CONTENDS: From the Associated Press

The biological mother of a 6-year-old girl is trying to overturn the child's adoption by her former partner, arguing that the adoption, approved by a judge, was not legal because the lesbian couple weren't married.

Julie Anne Hobbs and Janet Kathleen Van Stavern were together for eight years until March. Hobbs conceived the child by artificial insemination, and Van Stavern legally adopted her in 2001. ...

Hobbs is arguing that the Texas Family Code requires that before adoption, a child's relationship with biological parents has to be terminated or the parent whose rights were not terminated must be married to the person seeking custody. Same-sex marriages are not recognized in Texas. ...

Van Stavern's attorney responded that Hobbs could have challenged the adoption for six months after it was approved, but now it is too late.

"If this court decides that a second-parent adoption by a gay or lesbian parent is void, that is going to send a very chilling message to all those parents out there who are reliant on that relationship being kept stable," said Jerry Simoneaux, whose Houston law firm specializes in gay, lesbian, bisexual and transgender issues.

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posted by Eve at 3:55 PM | link

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