In The Matter Of The Adoption Of Two Children By H.N.R

666 A.2d 535 (N.J. Super.App.Div. 1995)

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Nature of the Case

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Facts

As appears in this record, plaintiff Hannah (a fictitious name) is the committed partner of Mary (a fictitious name). They have been living together for some fourteen years, and both regard their relationship as permanent. Both women are trained radiation therapists. Hannah has further training in oncological radiation and is now employed as the administrative director of the department of radiation oncology in a New Jersey hospital. The two women own a home in a prosperous suburban community which they purchased as joint tenants with right of survivorship. Most of their other assets are in joint ownership as well. Hannah, the elder, attempted to conceive by anonymous-donor artificial insemination but was unsuccessful. Mary then attempted to conceive in the same fashion and was successful. During Mary's pregnancy, the women agreed that since Hannah's income was the higher, Mary would remain at home as the primary caregiver and Hannah would continue to work to support the family. Hannah was much involved with the pregnancy, attending Lamaze classes with Mary, who was delivered of twins, a boy Z. and a girl M., by Caesarean section in August 1992. Hannah was present during the delivery. Since the twins were premature, they required neonatal care, remaining in the hospital for some seven weeks after their birth. Mary and Hannah took turns in attending the children at the hospital. From the time the twins were brought home, Hannah has been fully involved in their care and nurturing. The children, now three years old, appear equally bonded to both women. Both women are strongly in favor of Hannah's adoption of the twins. The trial judge denied the adoption on the ground that same-sex partner adoptions are not permitted under the New Jersey adoption statute.