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In re the adoption of Jane Doe is finally dead! [BTW - this is our family's case]
Last edited Tue Jul 28, 2015, 04:48 PM - Edit history (1)
When Emma was 7 years old, the women decided to test Ohio’s legal system. Clark is a private practice attorney. At the time, Reeves was in her final year of law school at the University of Akron. She now works for the law school. The women were represented by attorney Peter Cahoon, who joined them for Monday’s ceremony.
But their collective legal minds were no match for the Ohio Adoption Act, which wouldn’t allow both women to be Emma’s legal mother at the same time. For Clark to be a legal parent, Reeves would have to terminate her own parental rights. They lost their argument before the Summit County Common Pleas Court in 1998, lost again on appeal, and ended their fight when the Ohio Supreme Court declined to hear the case.
But their collective legal minds were no match for the Ohio Adoption Act, which wouldn’t allow both women to be Emma’s legal mother at the same time. For Clark to be a legal parent, Reeves would have to terminate her own parental rights. They lost their argument before the Summit County Common Pleas Court in 1998, lost again on appeal, and ended their fight when the Ohio Supreme Court declined to hear the case.
http://www.ohio.com/news/local/new-franklin-woman-now-has-two-legal-moms-supreme-court-gay-marriage-decision-also-allows-adoptions-1.611336
From the 1998 case: In re the Adoption of Jane Doe
Although we are mindful of the dilemma facing the parties and are sympathetic to their plight, it is not within the constitutional scope of judicial power to change the face and effect of the plain meaning of R.C. 3107.15. ? This case is not about alternative lifestyles but about statutory construction. ? When we balance the spirit and motivation of the adoption laws (as appellant argues) against the plain meaning of the statutory language created by the state legislature, we are not empowered to find that the “spirit” includes the issue presented sub judice.
Appellant argues that we should use the best interest of the child test in interpreting the statute. ? We find that to do so would place the “cart before the horse.” ? Best interest pertains to the adoption process, not to the legal effects of ?the adoption. ? Based upon the clear meaning of R.C. 3107.15(A), we find that the trial court did not err in finding that the biological mother's parental rights would terminate upon adoption of the child by appellant, a nonstepparent.
Appellant argues that we should use the best interest of the child test in interpreting the statute. ? We find that to do so would place the “cart before the horse.” ? Best interest pertains to the adoption process, not to the legal effects of ?the adoption. ? Based upon the clear meaning of R.C. 3107.15(A), we find that the trial court did not err in finding that the biological mother's parental rights would terminate upon adoption of the child by appellant, a nonstepparent.
http://caselaw.findlaw.com/oh-court-of-appeals/1442430.html
Nancy Reeves acknowledged there aren’t many “tangible benefits” to adoption at this point, but it’s not any less meaningful.
“We have always been a family. We have always known it, and everyone who matters to us on a personal level has always treated us as a family,” she said. “That said, when society tells you that you’re not a real family, when ‘family values’ expressly devalues your family, it is almost indescribable to finally have our 34-year marriage, and Lynn’s 25-year relationship with Emma legally recognized. It is as if a weight I didn’t even know I was carrying has been lifted off my shoulders,” Reeves said.
“We have always been a family. We have always known it, and everyone who matters to us on a personal level has always treated us as a family,” she said. “That said, when society tells you that you’re not a real family, when ‘family values’ expressly devalues your family, it is almost indescribable to finally have our 34-year marriage, and Lynn’s 25-year relationship with Emma legally recognized. It is as if a weight I didn’t even know I was carrying has been lifted off my shoulders,” Reeves said.
http://www.ohio.com/news/local/new-franklin-woman-now-has-two-legal-moms-supreme-court-gay-marriage-decision-also-allows-adoptions-1.611336
Just in time for Jane Doe/Emma's 25th birthday, today.
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