California Court 'Clarifies' Adoption Ruling
Mary Ellen Peterson
365Gay.com Newscenter in Los Angeles

(November 26, Los Angles) A state appeals court in San Diego has issued what it calls a clarification in a controversial ruling on gay adoption.

Last month the court suggested gay adoptions by a second parent were illegal. In a 2 - 1 ruling, the 4th District Court of Appeal in San Diego said it found no legal authority for second-parent adoptions that allow unmarried partners to legally gain equal status as a parent. 

The case involved a lesbian couple, identified only as Sharon and Annette, who broke up while Annette was adopting Sharon's son, who is now 2.

Sharon sued to block the adoption, claiming the procedure was illegal, even though Annette had adopted Sharon's first child, who is now 5.

A trial court had sided with Annette and gave her visitation rights with the boy. The appeals court reversed the decision saying that the state Legislature in recent years has declined to write the "second-parent" adoption method into law.

Gay-rights organizations in California condemned the ruling saying it affect up to 20,000 adoptions over the past 15 years.

In issuing its 'clarification' the court refused to reconsider its ruling, but deleted some of the language suggesting the adoptions were illegal.

"The issue of the validity of such adoptions is not presented in this case and has not been briefed by the parties and we do not address it here," the justices said in an added passage.

The case is headed to the California Supreme Court.

But gay-rights activists say they're not sure the amendment removes all of the anxieties and uncertainties created by the ruling.

Jon Davidson, a gay-rights attorney of the Lambda Legal Defence and Education Fund said: "At least they are making it clear that they haven't ruled on prior adoptions, which raise different considerations."

Davidson said he's hopeful the state Supreme Court will review the case and validate the adoptions.