For years, same sex couples that wanted the security and decision making authority for their partner that only a family member could have were forced into adoption as an alternative to marriage. Now, those that adopted their partner are being prevented from marrying even though same-sex marriage is allowed. For some, this has not been a problem since they are able to annul the adoption but not all states and courts will allow the change. In one case, a Pennsylvania couple was denied the annulment by a judge, who was known to be sympathetic to LGBT issues, on the basis that state law does not allow for an adoption to be voided. Going forward, this issue is sure arise in almost every state due to the large number of couples that resorted to this method when denied the right to marry. Hopefully legislatures will act to allow the adoptions to be undone so the people can take advantage of the right they have so long sought.
See Yanan Wang, These gay men became ‘father and son.’ Now they want to get married but can’t, Washington Post, November 5, 2015.
Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.
