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A Better Partnership
February 20, 2009

COA Opinion: Same-sex parents from Illinois adoption can bring custody action

On Thursday, the Court of Appeals issued a 2-1 unpublished opinion in Giancaspro v. Congleton, No. 283267, in which the court allowed a parent from an Illinois same-sex adoption to bring a custody action under Michigan's Child Custody Act. Michigan law prohibits same-sex couples from adopting children as couples. Judges Borrello and Davis concluded that the only issue in the case was whether Michigan's Child Custody Act applied to resolve custody issues where the parties are legally parents of minor children without regard to whether under Michigan law the parties could adopt. The majority concluded that the Act applied, and remanded the case to the circuit court. Judge Wilder, in dissent, concluded that because the plaintiff had failed to authenticate the adoption judgment from the Illinois court, the plaintiff could not establish a right to a custody action.

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