RALEIGH, NC (AP) -- North Carolina's highest court has ruled an adoption method used by a same-sex couple where one partner already is the biological parent is invalid. The state Supreme Court ruled 5-2 on Monday in the case involving outgoing state Sen. Julia Boseman, ex-domestic partner Melissa Jarrell and Jarrell's son.
A District Court judge granted Boseman's request to adopt Jarrell's son in 2005 while waiving a requirement that Jarrell would have to give up her parental rights in the process.
Justice Paul Newby said the adoption is void because the Legislature doesn't allow such a waiver.
A majority of justices let stand another lower court ruling allowing the two to have joint custody of the child.
Two justices wrote the adoption was lawful.
See the whole ruling at http://appellate.nccourts.org/opinions/?c=1&pdf=2010/416PA08-2.pdf
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