by Kara Fox
For the first time in Delaware, a gay couple has been allowed to adopt children together. Family Court Chief Judge Vincent Poppiti ruled that the men, who have lived together since 1979, would provide a loving, stable and financially secure home for the two brothers, ages 1 and 6.
"The fact that [the men] are gay men in and of itself is of no concern to the court," Poppiti wrote in his decision.
"Gene Hart" adopted the boys in 1999 and 2000. In June of last year, Hart’s partner, "Burke Shiri," sought to adopt the boys as a second parent, to give them legal protection. Hart and Shiri’s real names are being kept confidential to protect the children’s privacy. The court-appointed guardian agreed that the children were in a loving and stable environment, and Poppiti granted the adoptions in June. Poppiti released his written opinion of the case Monday.
"At a trial level, it is unusual to have a written opinion," said Norman C. Simon of New York-based Kramer Levin Naftalis & Frankel, who was lead counsel on the case on behalf of Lambda Legal Defense & Education Fund. "The judge realized that this case has implications for other families in Delaware."
Ruth E. Harlow, legal director of Lambda and counsel on the case, reiterated that the ruling by Popiti has important implications for other families in Delaware.
"The ruling that we got was from the chief judge and it was a very passionate and persuasive ruling," Harlow said, adding that Poppiti has a lot of influence in the state.
Delaware is now the 22nd state to allow second-parent adoption by gay couples, according to Simon. Harlow added that only three states -- Colorado, Ohio and Wisconsin -- have ruled against second-parent adoptions for gay couples. Overall, these cases are "universally positive," Harlow said.
"When we took the case, every adoption expert in Delaware -- even the well-intentioned ones -- didn’t think it was possible. What this case does is show that these cases can be approved in Delaware," Simon said. "The court’s carefully reasoned opinion legalizes the strong bonds of love in this family and will pave the way for other families throughout Delaware to protect their children."
Granting the adoption provides practical securities for the children, like the right to social security, inheritance and insurance benefits, and the ability of both fathers to make important medical decisions. The court’s order recognizes that these children are being raised in a home with two equally dedicated parents, according to Lambda’s statement.
"In raising my children I provide them with what my parents have given me -- love and the security of a happy home," Shiri said in a statement provided by Lambda. "This decision by the court does no less than ensure their right to my care and support."
Delaware law allows "an unmarried person or a husband and wife jointly" to adopt children.
Poppiti noted that the statute could be read to include "unmarried persons" because Delaware law allows singular words to be read as plural and vice versa.
"It is inconceivable to conclude … that our Legislature would have meant to exclude loving and nurturing two-parent homes as a resource for some of the state’s most needy children," Poppiti wrote.
Harlow said of all the gay civil rights cases that Lambda handles, the second-parent adoption cases "are the easiest ones to get people to understand."
Poppiti wrote that his opinion "would be no different if Mr. Shiri were an unmarried male companion seeking to adopt the child from his female companion or vice versa."
In his opinion, he outlined the history of the two children, who are identified as Peter and George, and how they have "thrived" in the home of Hart and Shiri.
Both Peter and George are children who were considered difficult to place, the court stated. According to Poppiti’s statement, Peter was born premature at 33 weeks and tested positive for cocaine. His mother was a long-term cocaine addict, so a Family Court judge terminated his parents’ rights in June 1999. The state placed Peter with Hart in March 1998, when he was almost 3 years old. Hart adopted Peter in 1999. Peter’s brother, George, also was born premature, weighing less than 5 pounds, and tested positive for cocaine. The state Division of Family Services placed George with Hart in November 2000. Family Court terminated the rights of George’s biological parents in February, and Hart adopted George in April. Shiri petitioned the court in June 2000 to adopt Peter, and he petitioned for adoption of George in May of this year.
As a couple, Hart and Shiri have pooled their income, bought homes together and designated each other as beneficiaries on their life insurance policies. Hart stays home to care for the boys, and Shiri financially supports them, according to the opinion.
"Mr. Shiri has fed, bathed, clothed, supported, taught and otherwise cared for Peter and George from the day they were placed in the Hart/Shiri home for adoption by Mr. Hart," Poppiti wrote.
Poppiti also wrote that Hart’s and Shiri’s parents and siblings accept Peter and George as family. Hart and Shiri are involved in support groups for adoptive parents, same-sex parents, and parents of interracial adoptions. They also celebrate Kwanzaa, an African-American holiday, so the boys can understand and learn about their heritage.
"The testimony paints a compelling picture of two people who are dedicated to being good parents," Poppiti wrote.
Both Simon and Harlow believe that this case will encourage same-sex couples to go through with second-parent adoptions, stating that it is important not only for the couple but for the children as well.
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