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Statement on the Kentucky Supreme Court Second Parent Adoption Ruling
Saturday, January 23, 2010
Contact: Public Relations Team
(877) KEF-5775 - Ext 1 (office)
The Kentucky
Supreme Court upheld a joint custody
arrangement for a one-time lesbian couple who
were rearing a child together before splitting
up.
On Friday, the Commonwealth's highest court
ruled that the couple reached a valid custody
agreement and that one of the women, Arminta
Jane Mullins, acted as a "de facto
parent" in compliance with Kentucky
Revised Statues with her partner, Phyllis
Dianne Picklesimer.
The decision reversed a Kentucky Court of
Appeals ruling saying Mullins lacked standing
to pursue joint custody of the child, now 5,
because she isn't a biological
parent.
Halyn Roth, Southern
Kentucky Director for Kentucky Equality
Federation stated: "I am glad that the Kentucky
Supreme Court ruled in favor of just one aspect
of what our organization believes in. But this
is just a first step. Kentucky Equality
Federation, along with other civil rights
organizations throughout the Commonwealth, must
work together to ensure that every Kentuckian
is treated fairly and has the same rights as
every other Kentuckian. Equality must
prevail."
The two women conceived a child through
artificial insemination and Picklesimer gave
birth to a boy in May 2005. The couple filed a
joint custody agreement in 2006.
Kentucky
Equality Federation President Jordan Palmer
stated: "Today we are proud to be Kentuckians;
we are proud that our highest court recognized
the rights of the second parent in this second
parent adoption."
Palmer continued: "Though we realized things go
wrong in relationships, the best interest of
the child must be paramount. Same-sex couples
give as much love, encouragement, and
protection as opposite-sex couples. This ruling
in favor of the second parent in second parent
adoptions secures the rights of the second
parent throughout the Commonwealth."
Dean Byrd, Kentucky Equality Federation's Board
Secretary and Treasurer stated: "I am thrilled
with the Kentucky Supreme Court ruling. This is
definitely a step in the right direction, and
brings us closer to equality for gay and
lesbian people in the Commonwealth."