Lesbian Mother Seeks to Adopt Son She Raised Since Birth

(NEW YORK, September 27, 2001) — Top national and local children’s rights organizations are among a dozen legal and mental health groups urging Nebraska’s highest court to consider a toddler’s best interests and allow one of his lesbian mothers to also be a legal parent, Lambda Legal Defense and Education Fund said Thursday.

The Alliance for Children’s Rights and the National Center for Youth Law, along with the American and the Nebraska Psychological Associations and three Nebraska chapters of the National Organization for Women have joined Lambda in submitting arguments to the Nebraska Supreme Court on behalf of a child identified as “Luke.”

They argue that, under Nebraska’s adoption statute, Luke’s legal, financial, and emotional security will be best served if the woman who is raising him with her lesbian partner, his biological mother, can also be a legal parent.

“This case is about a mother who has raised her son from birth and will be his mother for the rest of his life,” said Lambda Senior Staff Attorney David Buckel, author of Lambda’s brief in the case. “As any responsible parent would do, this mother seeks to provide a more secure future for her child. Establishing a legal relationship with him will help keep him safe in an uncertain world where emotional, financial, and family stability are critically important,” he explained.

At the court’s direction, the identities of the mothers as well as the child are confidential.

The two mothers have raised Luke together since he was born in 1998. Although an independent evaluation found both mothers to be excellent parents and recommended the adoption, a county court refused it, interpreting Nebraska’s adoption statute to disallow the adoption because the parents were not married. The mother appealed, and the state’s highest court decided to hear the case. Argument in In Re Adoption of Luke is set for October 5.

Nebraska family law experts Catherine Brooks and Alan H. Frank provided amicus support, and Nebraska constitutional scholar G. Michael Fenner joined Lambda’s brief. The ACLU of Nebraska represents the mother seeking adoption.

Supporting the adoption:

• American Psychological Association
  
• Nebraska Psychological Association
  
• National Association of Social Workers (NASW)
  
• Nebraska Chapter, NASW
  
• The Alliance for Children’s Rights
  
• Legal Services for Children
  
• National Adoption Center
  
• National Association of Counsel for Children
  
• National Center for Youth Law
  
• National Organization for Women (Nebraska, Lincoln, and Omaha chapters)
  
• Nebraska Appleseed Center for Law in the Public Interest
  
• Youth Law Center

Lambda is the oldest and largest legal organization dedicated to the civil rights of lesbians, gay men, and people with HIV and AIDS. With its national headquarters in New York, Lambda has regional offices in Los Angeles, Chicago, and Atlanta and will open an office in Dallas in 2002.