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Can My Gay Spouse Adopt My Child?

While the recent US Supreme Court does not directly address this issue, there is little doubt that the decision will lead to the approval of adoption by a gay step-parent.  On June 26, 2015, the U.S. Supreme Court held in a 5-4 decision that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states. The Court overturned its prior decision in Baker v. Nelson, which the Sixth Circuit had invoked as precedent. The Obergefell v. Hodges decision came on the second anniversary of the United States v. Windsor ruling that struck down Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages. It also came on the twelfth anniversary of Lawrence v. Texas which struck down sodomy laws in 13 states. Each justice's opinion on Obergefell was consistent with their opinion in Windsor. In both cases, Justice Kennedy authored the majority opinion and was considered the "swing vote". If you are wishing to understand more on this topic and have desire to adopt or have your spouse adopt your child in Kentucky, contact the Bouldin Law Firm to schedule an appointment nd discuss.  For consultation in Northern Kentucky, call 859-581-6453 or email at [email protected].  Call 581-MIKE today.

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