In the Interest of Angel Lace M.

Georgina M. (plaintiff) and Terry M. adopted Angel M. as a baby. Two years later, Georgina and Terry divorced. Terry paid child support but had no role in Angel’s life. Georgina began a serious relationship with Annette (plaintiff). Georgina, Annette, and Angel lived together, and Annette acted like a parent to Angel. Georgina and Annette were not legally allowed to marry under Wisconsin law, but in 1991, they held a marriage-like ceremony to express their commitment to their relationship. In 1992, Georgina and Annette each petitioned for Annette to adopt Angel as Georgina’s coparent. Georgina also petitioned to have Terry’s parental rights terminated, and Terry consented to the termination. The undisputed evidence before the court, including testimony from social workers, was that Annette’s adoption of Angel was in Angel’s best interests. The trial court also found that being adopted by Annette was in Angel’s best interests. However, one Wisconsin statute stated that a child was eligible for adoption only if the child’s “parental rights have been terminated,” and Georgina still had parental rights for Angel. In addition, a second Wisconsin statute required the termination of any preexisting parental rights as a consequence of an adoption. Wisconsin law also allowed adoptions by a stepparent, which created an implied exception to both those statutes. A stepparent was defined as the husband or wife of an existing parent. Finally, the statutory chapter that contained the adoption statutes contained a section stating that all the statutes in that chapter should be construed liberally to effect that section’s objectives. The primary objective listed in that section was giving the child’s best interests paramount consideration. Ultimately, the trial court concluded that even though adoption was in Angel’s best interests, the statutes did not allow Annette to adopt Angel. The trial court denied the adoption petition. Georgina and Annette appealed.