Boseman adoption ruled invalid

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.

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See the whole ruling at http://appellate.nccourts.org/opinions/?c=1&pdf=2010/416PA08-2.pdf

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