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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIn 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 Ohios 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 Mondays ceremony.
But their collective legal minds were no match for the Ohio Adoption Act, which wouldnt allow both women to be Emmas 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 wouldnt allow both women to be Emmas 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 arent many tangible benefits to adoption at this point, but its 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 youre not a real family, when family values expressly devalues your family, it is almost indescribable to finally have our 34-year marriage, and Lynns 25-year relationship with Emma legally recognized. It is as if a weight I didnt 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 youre not a real family, when family values expressly devalues your family, it is almost indescribable to finally have our 34-year marriage, and Lynns 25-year relationship with Emma legally recognized. It is as if a weight I didnt 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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In re the adoption of Jane Doe is finally dead! [BTW - this is our family's case] (Original Post)
Ms. Toad
Jul 2015
OP
Jake Stern
(3,145 posts)1. Mazel tov! n/t
Ms. Toad
(34,124 posts)4. Thanks! n/t
LiberalAndProud
(12,799 posts)2. Glad for you. Really glad.
Happy birthday, Emma!
The victory is bitter sweet. It took too long.
Ms. Toad
(34,124 posts)3. Definitely too long! n/t
Warpy
(111,417 posts)5. Good for you and your daughter!
A friend of mine was involved in a landmark case getting visitation rights after she and her partner had broken up. The child was her partners bio child but my friend had been there for the child from the delivery room onward. We were all shocked and delighted when she won.
Ms. Toad
(34,124 posts)6. That's how the law grows. One family's struggle at a time.
Soon enough it is a whole new world.
irisblue
(33,047 posts)7. momS! at last!! Happy Birthday Emma!
Ms. Toad
(34,124 posts)8. Thanks! n/t
Kali
(55,027 posts)9. congrats!
something in my eye...