Opinion

In Re Adoption of Doe

130 Ohio App. 3d 288
719 N.E.2d 1071
1998 Ohio App. LEXIS 6230

Court: Ohio Court of Appeals
Filed: Dec 16, 1998
Status: Published
Author: Wise
On the bench: Reader, Wise, Farmer
Cited by: 10 cases

The opinion

Wise, Judge,

concurring.

I concur in the majority opinion and write separately on Assignment of Error I only to emphasize my belief that this is a legislative issue for the General Assembly. Inherent but unspoken in this case is the legal reality that two individuals of the same sex cannot marry under existing Ohio law and therefore cannot be spouses to each other. Until such time as the General Assembly of Ohio changes the law pertaining to same-sex marriages or rewrites the adoption statutes to specifically allow the requested legal relationship, I cannot interpret the existing adoption statute as contemplating a spousal relationship between two individuals of the same sex such as to create a stepparent relationship in a legal context.

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