Maine court OKs joint adoption by lesbian couple

PORTLAND, Maine—The Maine Supreme Judicial Court overturned a lower court decision Aug. 30, opening the door for a lesbian couple to adopt two siblings who have been in their care for six years.

The Maine Supreme Judicial Court unanimously ruled that state law does not preclude Ann Courtney and Marilyn Kirby of Portland from adopting the children, a 10-year-old girl and her 6-year-old brother.

Courtney and Kirby became the children’s foster parents in 2001; last year they filed petitions with the Cumberland County Probate Court to adopt.

Their petitions were rejected, but the supreme court concluded state law does not prohibit two unmarried people from together adopting a child. As a result of the ruling, the matter will be sent back to probate court for further proceedings.

“We love these kids, and their well-being means everything to us,” Courtney said.

Mary Bonauto, an attorney with Gay & Lesbian Advocates & Defenders who represented Courtney and Kirby, said state adoption workers, the children’s guardian and a social worker who completed a home study all agreed that Courtney and Kirby would make good parents.

“This decision is in the best interest of the children, who have flourished under Ann and Marilyn’s care,” Bonauto said.