Adoptions Of B.L.v.B. And E.L.v.B.

628 A.2d 1271 (1993)

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Nature of the Case

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Facts

Appellants were two women who lived together in a lesbian relationship since 1986. They made a decision to have and raise children. Eventually, Jane gave birth to two children. Both Jane and Deborah have been equally responsible for raising and parenting the children since birth. Appellants sought legal recognition of their existing status as a co-parent and asked the probate court to allow Deborah to adopt the two children while leaving Jane's parental rights intact. All parties and DHS concluded that it would be in the best interests of the children that the adoption as requested be allowed. The probate court denied the adoptions as the adoptive mother does not satisfy the requirement that they be married and also the court could not leave Jane's rights intact. This appeal resulted.