To: Supervising Attorney
From: Gisselle Fajardo Reyes, Legal Studies Student
Re: Emily A. Dickson v Heathcliffe Austen & Mary Austen
Date: 4/8/2022
Issue
The United States Supreme Court issued a stay allowing the Tenth Circuit Court of Appeals in Denver, CO to reconsider the Kitchen v. Herbert case which found it unconstitutional to deny same-sex couples the right to marriage. Emily A. Dickson isn't able to get custody of Jane E. Austen's children due to the fact that their marriage isn't recognized. Resulting in Jane E. Austen's parents receiving full custody of the children, Charlotte and Charles.
Rule of Law
According to the Utah Adoption Law §75-000-123(b). A step-parent adoption may be granted to a couple that has been together for at least a year and married for at least 120 days. The couple has to file a Petition for Adoption, a home study and background check performed by a licensed clinical social worker, and notarized consent of the biological parents. The adoption must also be finalized within 6 months of the day the Petition was filed.
Application to the Rule of Law
Facts
Jane E. Austen and Emily A. Dickinson got married and decided to start a family together. Jane E. Austen gave birth to twins (Charlotte and Charles). The twins were born with special needs that will have them in therapy and special schools for the rest of their lives. Emily A Dickson harvests her eggs and gives birth to twin boys. Jane E. Austen is diagnosed with breast cancer resulting in a double mastectomy, radiation, and chemotherapy. The couple raised the kids as siblings their entire lives. Jane E. Austen and Emily A. Dickinson have no legal rights over each other's children since they don't have custody. Neither Jane E. Austen nor Emily A. Dickinson's parents have been supportive and cut them out of their lives when they moved in together. Jane E. Austen's parents came back into her life when she was diagnosed with breast cancer and helped her out with her kids. Emily A. Dickinson's parents also came back into her life when she had her twins and attempted to reunite with her. Jane E. Austen's breast cancer treatments have not been successful and now cancer has spread to other parts of her body. She was sent home and put on hospice care. Jane E. Austen's parents want to take Jane E. Austen's children and raise them but both Jane E. Austen and Emily A. Dickinson want the kids to be raised as siblings. Utah began giving out marriage licenses after it was found that banning same-sex marriage is unconstitutional (Kitchen v. Herbert). Jane E. Austen and Emily A. Dickinson decide to get legally married. The couple filed joint Petitions for Adoption in the Third District Court and for Salt Lake County, State of Utah to allow each other to adopt their children. The United States Supreme Court issued a stay allowing the Tenth Circuit Court of Appeals in Denver, CO to reconsider the Kitchen case. With the case being reconsidered their marriage isn't recognized as valid or lawful and the petitions are at risk of expiring. Utah adoption laws only allow for married couples or single people to adopt children. Jane E. Austen filed paperwork to make Emily A. Dickinson the legal guardian of her children (Charlotte and Charles) and an Order of Temporary Guardianship was entered that gave Emily guardianship over the children for six months. Jane E. Austen passed away without the Adoption finalized and her parents took custody of the children, Charlotte and Charles, who have shown clear signs of neglect.
Analysis
The Adoption Petition that was filed has expired under the Utah Adoption Law §75-000-123 the adoption petition has expired. Under the 14th amendment, it is unconstitutional to deny same-sex marriage. In this case, the only thing stopping the adoption process from proceeding is the fact that the marriage wasn't recognized as valid due to the fact that they are a same-sex couple.
Conclusion
In conclusion, the marriage of Emily A. Dickinson and Jane E. Austens marriage was declared a legal marriage. They could argue that the delay in their adoption process was unconstitutional due to the fact that they were denied the right to marriage. They could also argue the environment that the children are in with Heathcliffe Austen & Mary Austen is not a good situation for the children. It has been stated that the children's behavioral and physical needs have been neglected.
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