V.L. v. E.L. , 577 U.S. ___ (2016), is a case decided by the United States Supreme Court on the right of adoption of same-sex couples. In 2007, the Georgia High Court granted the right of adoption to V.L., a partner of E.L., the woman who gave birth to their three children. However, after moving back to Alabama, the couple split up. E.L. try to block V.L. from seeing children, but V.L. filed a lawsuit requesting a visit and other parental rights. On September 18, 2015, the Supreme Court of Alabama ruled that states should not recognize adoption decisions, saying that Georgian courts are incorrectly imposing their own state laws. The court overturned the recognition of the adoption decision in Alabama. V.L. filed a petition to the United States Supreme Court to remain in charge during his appeal and allow him to see his children. On December 14, 2015, the Supreme Court upheld the decision pending their action on a petition for a certiorari statement filed by V.L. On March 7, 2016, the United States Supreme Court overturned the Supreme Court of Alabama's decision with a disposition of a summary of cuitan.
Video V.L. v. E.L.
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The Plaintiff, identified only by the initials V.L., and the defendant identified by E.L., signed a committed relationship in 1995. In 2002, E.L. giving birth to a child through artificial insemination. In 2004, E.L. giving birth to twins through the same method. V.L. acting as the second parent for the three children and families living like that. In 2007, their spouse and three children went to Georgia and asked the High Court in Fulton County, Georgia to issue an adoption decision recognizing V.L. as the legal parent of the children. The court approved adoption and the family moved back to Alabama.
In 2011, the couple split up. V.L. allowed to see his children for a short time thereafter with the consent of E.L. However, the visit ended up being a problem and on October 31, 2013, V.L. filed a complaint at the Jefferson County Family Court to recognize Georgia's adoption decision. On April 3, 2014, the judge awarded V.L. visit, recognize Georgia adoption decision.
Maps V.L. v. E.L.
Appeal
E.L. appealed on the order of visits to the Appeals Court of Alabama Apparatus. In October 2014, the Court initially ruled that Jefferson County judges were wrong in granting adoption rights. Upon request for rehearing, however, on February 27, 2015, the Court of Appeals upheld the original ruling that recognized the adoption decision, but ruled the trial court mistaken for not holding a hearing to address the issue. E.L. appealed to the Supreme Court of Alabama. On April 15, 2015, the Supreme Court of Alabama granted a certiorari statement.
On September 18, 2015, the Supreme Court of Alabama in the opinion per curiam declared the adoption declaration void in the State of Alabama. The court ruled that the court that had given the adoption decision incorrectly applied the law of the state of Georgia, and had no subject jurisdiction to grant an adoption. Five judges form a majority opinion. Judge Murdock agreed without opinion. In a separate agreement, Justice Parker stated "The state has a legitimate interest in encouraging that children are adopted into the optimal family structure, that is, a person with a father and a mother." Just Judge Shaw disagrees, stating that the Constitution of the Constitution of the United States and the Credit Clause prohibits the Supreme Court of Alabama from deciding on the merits of the case. Justice states that Alabama case law does not allow courts to investigate how other state courts reach an appraisal, only Alabama must respect it.
United States Supreme Court
V.L. filed a petition for a certiorari statement with the US Supreme Court on November 16, 2015 and called for the court to remain in charge of the Supreme Court of Alabama's decision to overturn custody. The superintendent of children appointed by the state ad litem also petitioned for certiorari, because he felt that it was not in the best interest of the children to have V.L. removed from their lives. Argument V.L. is that the Full Faith and the Credit Clause require each country to recognize court decisions from other countries, including adoption decisions. He also noted that no other country has previously refused to recognize adoption decisions from other countries.
On December 14, 2015, the US Supreme Court remains in power, awaiting their disposition of the case. Stay allowed V.L. to continue to visit his children while the court considers his request to review the case.
On March 7, 2016, the Supreme Court issued a summary disposition per curiam that reversed the Supreme Court of Alabama, and effectively restored V.L. granted by the Georgia High Court. Court grounds are based on full faith and the US Constitution Credit Clause. The Supreme Court also ruled that the High Court in Georgia does have subject jurisdiction to decide on adoption and that E.L. expressly approving adoption. Subsequently, the court ruled that because there is no Georgian law that goes against the adoption of Georgia's decision, the Alabama Supreme Court wrongly refuses to recognize the verdict. The court overturned the Supreme Court of Alabama, and returned the case to the next process.
References
Source of the article : Wikipedia
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