The myth of idyllic homosexual families with is being deflated bit by bit with each similar story of bitter post-love battle that makes it into the media. Recently I wrote about one such case, where the bioloigical mom was fighting against her ex-lesbian partner (biologically unrelated to the child) regarding visitation rights. Now another similar case has surfaced.
Sara Wheeler is a lesbian woman who in 2000 was in a cohabiting relationship with Melody Wheeler. At that time, Sara conceived her own son through artificial insemination with donor sperm. Two years later, Melody legally adopted the boy with Sara's consent.
Some years later, Sara and Melody split up, and Sara filed to have Melody's adoption invalidated.
Based on the law and legal reasoning alone, the right decision would indeed be to invalidate the adoption, since it appears to have failed the legal criteria from the very start. The reasons for this were clearly stated by Justice Carley of the GA Supreme COurt on February 26 ,2007, in a dissent in which he criticized the 4-3 decision of that court to refuse to hear Sara's case (his dissent was joined by two other justices on the Court).
Read his dissent here. However, when faced with the powerful gay lobby, who cares about the language and letter of the law? This is about political correctness. One openly gay state rep thus said of Carley's dissent that it
"sounded very anti-gay and very anti-gay-family". It doesn't matter that Carley is right. What matters is that he shouldn't even try to be right. He should just give in, because to enforce the law is to be mean to gay parents. Indeed, that seems to have been the judgement of the majority of the GA Supreme Court.
And there we are. Anyone who wants to be a parent can be a parent, even to children that have no biological connection to them, and regardless of the law or the basic rights of the biological parents or children.
By the way, I am not "blaming" Melody for this situation. Sara and Melody are both equally to blame for this tangled mess. This mess comes directly from the mentality that parenting and biology aren't connected - and this is something they both believed. They decided to use donor sperm, as if the biological father meant nothing to their child. Since they so easily erased one biological parent from their child's life, then why should the other biological parent get any special treatment? Sara cooked her own soup in this case.