adoption

Court asked to reverse Boseman case

bniolet — Fri, 16 Oct 2009 08:27:29 -0400

Lawyers for state Sen. Julia Boseman's former partner have asked the state Supreme Court to reconsider a Court of Appeals ruling in the couple's adoption custody case.

Boseman, a Wilmington Democrat, and Melissa Jarrell, were in court over whether Boseman's adoptoin of Jarrell's child was legal. Jarrell, a former softball coach at UNC-Wilmington, had claimed that the adoption was invalid because gays and lesbians should not be permitted to adopt in North Carolina.

A three-judge panel unanimously ruled that Boseman's adoption was legal. Jarrell's lawyers have asked the state's high court to reconsider on several grounds. Because the appeals court was unanimous, Jarrell has not right to appeal and must convince the Supreme Court to hear the case. Such petitions are rarely granted.

Document(s):
jarrell_petition.pdf

Court upholds Boseman adoption

bniolet — Wed, 19 Aug 2009 07:11:12 -0400

The state Court of Appeals has upheld Sen. Julia Boseman's adoption of her former domestic partner's child.

A three-judge panel of the court unanimously agreed that Boseman's 2005 adoption of Melissa Jarrell's child cannot be undone. State law creates a nearly impossible hurdle for reversing completed adoptions, and to nullify the adoption and deny Boseman joint custody, Jarrell had challenged whether state law even allowed gay or lesbian parents to adopt.

"While [state law] does not specifically address same-sex adoptions, these statutes do make clear that a wide range of adoptions are contemplated and permitted, so long as they protect the minor’s 'needs, interests, and rights,'" Judge Wanda Bryant wrote in the opinion.

Bryant wrote that the court would have reached the same conclusion if the couple in question were heterosexual.

State law governing adoption does not specifically mention adoption by same-sex couples. Jim Lea, a domestic law specialist in Wilmington and one of Boseman's attorneys said that such adoptions have already been occurring. But the court opinion affirms the right of gay and lesbian couples to adopt.

"Now I think it's very clear that if a couple chooses to go out and adopt the child and execute the necessary waivers, that homosexual couples can adopt children," Lea said. "To say that a couple should not be able to adopt a child because they're gay, on that reason alone is just plain wrong."

Efforts to reach Jarrell's attorney Tuesday failed.

Other cuts in the state budget

ryanteaguebeckwith — Tue, 17 Mar 2009 13:36:58 -0400

What else would be cut in the state budget?

In a presentation today, Gov. Beverly Perdue proposed a number of cuts across state government:

* Delay state funding by delaying the adoption of math textbooks for grades 6 through 12 in order to save $38 million.

* Freeze teacher and state employee longevity payments for two years to save $170 million. The change would not affect employees' retirement calculations.

* Reduce legislative tuition grants, which give students money to go to private colleges in the state by $3.7 million, consistent with cuts the state's universities.

* Reduce funding by for child advocacy centers, foster care and adoption assistance, child support enforcement and education support for children adopted after age 12 to save $6.5 million.

* Reduce funding to Gov. Mike Easley's early education program More at Four by $1 million. The cuts won't affect children, since they eliminate funding for hundreds of unfilled slots.

* Reduce state funding to Gov. Jim Hunt's Smart Start early education program by $8.9 million.

Price: Adoption agreement needed

bniolet — Fri, 19 Dec 2008 12:00:08 -0500

U.S. Rep. David Price said he is hopeful that the United States can soon finish an agreement with Vietnam on international adoptions in the wake of a breakdown between the two countries this year.

Vietnam ended its agreement with the United States this fall after the U.S. embassy in Hanoi said it had found cases of child trafficking and corruption in the country’s adoption processes, Barb Barrett reports. Vietnam denied any wrongdoing.

The decision left many American families in limbo waiting for children, including constituents of Price, a Chapel Hill Democrat.

"There are dozens of heart-breaking cases we’ve been working on," Price said.

The United States has said it wants to be sure that all children adopted from Vietnam are freely given up by parents or are true orphans, and not adopted through pressure or bribery.

Price traveled to Vietnam recently and spoke with officials there about a new agreement now being negotiated between the two countries. Immigration issues fall under the oversight of Price’s congressional spending subcommittee on Homeland Security.

He said he and the other members of Congress on the trip did not try to negotiate details of the agreement, but that he wanted to reiterate his support.

"We heard expressions of goodwill and a willingness to work this out," Price said. "I don’t want to be critical of the Vietnamese government. I know this is a difficult issue for them, but we need assurances that these adoptions are on the up and up."

He said he thought a new agreement could be worked out within a few months.

Price heads to Southeast Asia

ryanteaguebeckwith — Tue, 02 Dec 2008 10:01:14 -0500

U.S. Rep. David Price is heading to Southeast Asia this week.

The Chapel Hill Democrat will lead a bipartisan delegation to monitor the work of the Department of Homeland Security in the Phillippines, Hong Kong and Vietnam.

The trip is designed to give members of Congress a better understanding of the department's coordination with foreign governments to secure U.S.-bound cargo and work on anti-terrorism efforts and international adoption issues.

The delegation includes Democratic Reps. Sam Farr, Lucille Roybal-Allard, Mike Honda and Mazie Hirono as well as Republican Rep. John Carter.

Most of the members sit on the Appropriations Subcommittee on Homeland Security, which Price chairs.

They were scheduled to meet with Phillippines president Gloria Macapagal-Arroyo, among other foreign leaders, during the trip.

Passed: Miscellaneous

ryanteaguebeckwith — Fri, 03 Aug 2007 08:15:00 -0400

The legislature discussed a wide variety of bills.

A few of the miscellaneous bills will:

Allow adoption agencies to act as go-betweens for adult adoptees, or their grown descendants, and the adoptees' biological parent.

Outlaw the execution of defendants under 18, bringing the state in line with a recent U.S. Supreme Court ruling.

Give the Department of Cultural Resources responsibility for the Graveyard of the Atlantic Museum.

Allow mixed martial arts matches in North Carolina once the state develops regulations for them.

Keep private the names of applicants to public universities and community colleges and stipulate that work papers for internal audits are public records once the audit is completed.

Up for adoption?

ryanteaguebeckwith — Mon, 30 Apr 2007 14:00:00 -0400

A hearing on a bill to provide adult adoptees with their true birth certificates is scheduled to be heard Tuesday in a key House committee.

The bill has been the subject of intense lobbying by advocates for adult adoptees, whose birth certificates in North Carolina are changed at the time of their adoption to reflect their adoptive parents.

State law requires the records be sealed. Adoptees pushing for change say they want to see the original record so they can begin researching their medical history, family background or seek to arrange for contact with their birth parents.

Opponents say providing the records would upend long-held beliefs about privacy surrounding adoption.

Bills! Bills! Bills!

ryanteaguebeckwith — Wed, 25 Apr 2007 07:17:26 -0400

Legislators are closing in on a record for the number of bills filed.

So far, members of the House and Senate have filed more than 3,400 bills, not far from the single-year record of 3,723, the Char-O reports.

(The number of requests for a bill drafting is even higher, according to the unofficial blog of the bill drafting division. That means they're not done yet, though deadlines are coming fast.)

But not all bills are created equal. Here's David Ingram's breakdown:

Likely to die: Raising the cap on charter schools, allowing left turns onto one-way streets at a red light and proposing a constitutional ban on gay marriage.

Gaining momentum: A statewide bond referendum this November, cutting off state pensions for convicted politicians and making voter registration easier.

Just plain quirky: Mandate well-ventilated public bathrooms, prohibit "toughman matches" by amateur boxers, allow concealed guns in restaurants, allow raccoon hunting in Ashe County and force labeling of cloned meat.

And here's a few more Dome also found interesting: Withhold state tax credits for makers of NC-17 movies, mandate equity in men's and women's public bathrooms, adopt a state collard festival and open adoption records to adults.