Fisher-Borne v. Smith

June 13, 2012

The American Civil Liberties Union and the ACLU of North Carolina Legal Foundation have filed a lawsuit on behalf of six same-sex couples seeking the right to obtain second parent adoptions for their children.

A second parent adoption occurs when one partner in an unmarried couple adopts the other partner’s biological or adoptive child. This can occur in both gay and straight relationships. In December 2010, the North Carolina Supreme Court banned second parent adoptions for same-sex couples.

Some of the protections that come with a second parent adoption include: ensuring that all children in the family are covered if one partner lacks health insurance, ensuring that families will stay together and children will not be torn from the only home they’ve known if something should happen to the biological parent, ensuring that either parent will be allowed to make medical decisions or be able to be by their child’s bedside if one their children is hospitalized.

 
Plaintiffs in the case include:
 

Status: Complaint filed.

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