The Iowa Supreme Court has ruled that two lesbians both have legal rights to the biological children of one partner, despite a state law to the contrary.
Jamie Schott’s two children are biologically hers. One was born during a prior heterosexual relationship; the other as the result of in vitro fertilization. Schott’s lesbian partner, Heather, adopted both children, against state law. When the couple split, a custody battle ensued. Now the high court has decided Heather is a type of stepparent — a “second parent” — and is entitled to custody rights.
Chuck Hurley, president of the Iowa Family Policy Council, said the law is clear.
“A stepparent adoption is to be within a marriage," he said.
Bruce Hausknecht, judicial analyst for Focus on the Family Action, said he worries the Iowa Supreme Court has turned activist.
“It has bought into the homosexual agenda 100 percent and is single-handedly rewriting the laws of Iowa in order to advance that agenda," he said.
The state Supreme Court sent the case back to district court to determine custody and support issues.
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Why do children need a father and a mother? Find the answer on the Focus on Social Issues Web site.