Utah Supreme Court Gives OK to Same-Sex Adoptions

Four Utah couples are surely rejoicing after the Utah Supreme Court lifted the stay against four pending adoptions of children by their same-sex parents Thursday.

The Salt Lake Tribune reports the action clears the way for the Utah Department of Health to issue birth certificates that list the couples as the children's legal parents. The court's action, which was not unexpected, will also serve to restart many other adoptions that were on hold because of the legality of same-sex marriage in Utah.

"The families involved are obviously relived and thrilled," said attorney Laura Milliken Gray, who represented one of the families, and had six other adoptions in process when the stay was put in place.

The Oct. 6 decision by the U.S. Supreme Court, which let stand appeals rulings that upholded marriage equality in five states, effectively legalized marriage in Utah. This led to the state's reversal on the issue, when two weeks ago, the 10th Circuit Court of Appeals in Denver ended Utah's legal battle over the issues of same-sex marriage and legal adoption for LGBT parents. Before that time, these 'second parents' had no legal rights to their own children.

"This rectifies a major injustice," said Equality Utah Executive Director Troy Williams. "Families all over Utah are celebrating having their families united."

KSL.com notes that with the stay lifted, the Utah Health Department is now prepared to issue birth certificates to these children.

The Utah Attorney Genera's Office had filed a petition for this stay back in May, after three judges approved adoptions among same-sex couples married in the Beehive State during the brief time it was legal, when U.S. District Judge Robert Shelby had overturned the state's Amendment 3, which defined marriage as between a man and a woman.

It became legal again on Oct. 6 and Utah Gov. Gary Herbert issued a statement saying that state offices, "should conduct business today and going forward, recognizing all legally performed same-sex marriages." The appeal of the federal ruling was dropped on Oct. 8.