A lesbian in California can continue to pursue a second-parent adoption of her former partner's child after the U.S. Supreme Court on Monday declined to hear a challenge brought by the child's birth mother. The decision was the second time the high court shied away from getting involved in the child custody fight between the two San Diego women, the Associated Press reports.
The birth mother, known as Sharon S., is trying to prevent her former partner, Annette F., from adopting one of the two children they were raising together. Sharon and Annette separated after an alleged incident of domestic violence.
The California supreme court rejected an attempt by Sharon to prevent the adoption, which she consented to by signing an adoption petition in August 1999. The following July, with the lengthy adoption process still pending, Annette allegedly struck Sharon in the face, injuring her, it was asserted in the case. This prompted Sharon to request dismissal of the adoption petition.
The U.S. Supreme Court had declined the case in March 2004 without comment. Sharon argued that her constitutional rights would be violated if an unrelated person were allowed to adopt her child over her objections.
In a response to Sharon's latest petition for U.S. Supreme Court review, lawyers for Annette said that Sharon's main argument is identical to the one made in her last petition. ''In California, adoptions are founded on the consent of birth parents.... Sharon consented,'' Annette's lawyers stated. (The Advocate)
