Couples of the same sex in North Carolina filed a prosecution dispute the ban of the State gay families second-parent adoptions, saying that it violates their constitutional rights and that it is discriminatory, the American Civil Liberties Union said Wednesday.
The ban was released a decision of court supreme of State in December 2010 as only the in-laws who are joint legal of the biological parent of the child may adopt. Same-sex marriage has never been recognized in North Carolina, and in may, voters approved a constitutional amendment to define marriage between a man and a woman, so there is no way for couples same-sex become the legal husband.
The ACLU, and the North Carolina Chapter, testified at the trial on behalf of six same-sex couples and their children. In each of the families, the child has a relationship legally recognized with a parent and wants the same thing with the other. But, under the decision of the Court of the State, the existing legal parent would have to give up their parental rights to the adoption to occur.
"Therefore, the legal complaint argues, these children" suffer many privations, "including the exclusion of a number of benefits, such as health, disability and social security,"as well as uncertainty about their ability to continue their relationship with their second parent if something happens to their legal parent.""
Elizabeth Gill, Attorney of senior officials with the ACLU Lesbian Gay Bisexual Transgender project, said that the policy was "discriminatory" and did not "take into account what is best for a child."
"We are never just a matter of who should take care of our children," said Marcie Fisher-Borne, who with his partner, Chantelle, 15 years. Every woman has one of their two children. "If something were to happen to any one of us, he could tear apart our family."
Twenty States and the District of Columbia allow gay and lesbian parents obtain the second parent or step-parent adoptions, the complaint said, noting that the courts in North Carolina have given joint custody parents second gay or lesbian as a "parent de facto doctrine". However, this status does not create a parent-child "full" relationship, said the complaint.
Named as defendants are John w. Smith, Director of the Administrative Office of the courts, David l. Churchill, clerk of the superior court for the County of Guilford and Archie l. Smith, clerk of the superior court for the County of Durham in North Carolina.
Churchill and Archie l. Smith did not return calls placed by msnbc.com seeking comment. The Administrative Office of the North Carolina courts said that this fact does not comment on all items where the proceeding is pending.
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