Last month, the North Carolina Supreme Court ruled that same-sex couples could not adopt children in the state unless the child's biological parents had terminated or waived their natural parents rights. The case came to trial after the state's first openly gay senator, Julia Boseman, and her former partner, Melissa Jarrell, battled over custody of Jarrell's biological son. Jarrell gave birth to her son in 2002 and the senator adopted the child. Later, the couple split and Jarrell went to court to have Boseman's guardianship of her son revoked.
The North Carolina Supreme Court made a 5-2 decision that the initial adoption was illegal under North Carolina state laws. In North Carolina, law states that a birth mother must give up parental rights before a child can be adopted. The court did allow Boseman to continue to share custody of the child.
Contact the Raleigh adoption attorneys of Marshall & Taylor P.C. at 919-833-1040 if you or someone you know has questions about adoption in the state of North Carolina.