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February 17th, 2014

Louisiana Court Allows Same Sex Couple to Adopt Child

In a recent case of In Re Nicholas Ashton Constanza Brewer, docket  number 2013-0052, out of the 15th Judicial
District Court Parish of Lafayette, Judge Edward Rubin has granted judgment allowing the same sex couple, Chasity Brewer and Angela Costanza, to complete an  intra family adoption whereby the child, Nicholas now has two mothers after having been adopted.  Paul Baier George, the M. Armstrong, Jr. Professor of Law, Judge Henry A. Politz Professor of Law is assisting as a legal advisor to the couples’ attorney.Louisiana has long allowed a child to have a legal father and a biological father and now Louisiana may allow a child to have two mothers.  I note that to deny such right would violate the Equal Protection Clause of the United States Constitution.

Along these same lines, is a case pending in Monroe, whereby an intra family adoption is being requested without a termination of parental rights, which would leave the child with three parents, i.e., a father, a mother and a stepmother. It remains to be seen if the Court will approve the adoption without a termination of parental rights.