Adoptions of B.L.V.B. and E.L.V.B.

628 A.2d 1271 (1993)

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Adoptions of B.L.V.B. and E.L.V.B.

Vermont Supreme Court
628 A.2d 1271 (1993)

Facts

Jane and Deborah were two women who were not married but lived together in a committed, monogamous relationship. Jane and Deborah decided to have children together. Using sperm from an anonymous donor, Jane became pregnant and gave birth to B.L.V.B in 1988 and to E.L.V.B. in 1992. Deborah served as a midwife for both births and shared equally in the responsibilities of parenting the two boys. Jane and Deborah petitioned the probate court to allow Deborah to legally adopt the children without impacting Jane’s parental rights. Despite recommendations to allow the adoption from a state agency that conducted a home visit and from psychologists who had evaluated the family, the court denied the petition. The court ruled that under state law, the natural parents of a child lose parental rights over the child if the child is adopted, unless the person who adopts the child is married to a parent of the child. Jane and Deborah appealed.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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