Adoptive Mother Wins Same-Sex Custody Fight

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In what’s sure to be a model for future litigation, Allison Scollar (right), the adoptive mother in a same-sex relationship with the biological mother Brook Altman (left), won custody of their six-year-old child after a bitter court battle.

Manhattan Judge Gloria Sosa-Lintner made it known in no uncertain terms that Scollar was “the more responsible parent looking out for the child’s best interests,” while describing Altman as “more of a friend” than a parent.

Noting that Altman was the biological parent, the judge made it clear that, “This does not give automatic authority over the adoptive parent.”

This case will undoubtedly have activists, lawmakers and, yes, lawyers jumping to make themselves heard. Predicted slogans: “Love Knows No Bloodline,” “How Dare They,” “My Child, My Rights,” and someone’s going to throw “No H8″ out there, even though it doesn’t apply in this case.

As same-sex marriage and adoption gains traction in America, both nationally (polls have support hovering over a majority of 54%, the lowest poll showing a split of 47%-43% in favor) and statewide (the most recent polls in Maryland show a 49%-39% split in favor of a ballot measure that legalizes same-sex marriage), cases such as these will lay the foundation upon which future litigation would stand.

The judge, probably attempting to limit the influence this case may have, likened the ruling to that of a father winning custody of the child over the biological mother.

We’ll just have to wait and see how this goes down.

Question: Does the biological mother have the right to keep custody of her child? 

 

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