NO, if they're both from Nebraska. In the case In Re Luke, ACLU Nebraska’s Legal Director argued that state law allows an adoption that is in the best interests of the child, even if the parents are not married or are of the same sex. Luke’s non-biological mother was his primary caregiver since birth. Luke’s biological mother gave birth to him via artificial insemination, so he had only one legal parent. Luke’s moms sought court protection of their parental relationship to guarantee a clear right of custody, inheritance, and support for Luke in the event of one of the women’s deaths. The trial court denied the adoption, so we filed an appeal to determine whether Nebraska law allows unmarried couples to adopt. In March, 2002, the Nebraska Supreme Court ruled that the adoption could not take place. The Court wrote they were bound by the language of the adoption laws, which were first written in the 1940's. The Court did not hold that gays and lesbians could not adopt or would make unfit parents: instead, the Court just ruled that no two unmarried people could jointly adopt a child, regardless of their sexual orientation.
YES, if they adopted in a state other than Nebraska. Serenna Russell and her partner Joan Bridgens adopted a child from foster care together in Pennsylvania. The women’s relationship later ended, and Serenna eventually moved to Nebraska with the child. They resided together in Nebraska for several years. When Serenna petitioned a Nebraska court for child support and a visitation plan for her former partner, the trial court refused to honor the Pennsylvania adoption. Joan removed the child from Serenna’s care, arguing that as she had adopted him first, Serenna’s subsequent adoption was not valid under Pennsylvania law, Nebraska law, and public policy. ACLU Nebraska appeared as amicus curiae (“friend of the court”) at the request of Serenna’s attorney. In 2002, the Nebraska Supreme Court ruled the Pennsylvania adoption was valid and must be recognized in Nebraska. The case was remanded to the trial court for further proceedings to set visitation and monetary support for the child.
ACLU Nebraska continues to lobby the state legislature to change the law so all same sex parents and their relationships to their children are protected.
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