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SOGI Casebook chapters Archives: Parenting

Public Ministry of the State of Rio Grande do Sul v. LMBG, Superior Tribunal of Justice of Brazil (27 April 2010)

Procedural Posture LMBG filed a petition with a lower level court to adopt LRM’s children and the court granted the adoption. The Public Prosecutor’s Office appealed but the intermediate court affirmed the adoption order. The Public Prosecutor’s Office then appealed to the Superior Court of Justice. Facts LMBG and LRM were two women who had […]

In re Foreign Adoption, Supreme Court of the Republic of Slovenia (28 January 2010)

Procedural Posture The Prosecutor General filed an appeal, called a request for protection of legality, against a decision of the Ljubljana District Court to recognise a foreign adoption by a same-sex couple. Facts The applicant parents, a same-sex couple with dual Slovenian and United States citizenship, had registered a same-sex civil partnership in New Jersey […]

Decree of 26 September 2006, Brescia Youth Court, Italy (26 September 2006)

Procedural Posture The plaintiff appealed to the Youth Court to have the adoption of his child recognised by the Italian authorities. Facts The plaintiff, an Italian citizen, married his partner in Massachusetts, which recognises same-sex marriages. The couple adopted a child in Massachusetts and then applied to have the adoption recognised in Italy. Issue Whether […]

Pablo-Gualberto v. Gualberto, Supreme Court of the Philippines (28 June 2005)

Procedural Posture The father of a four-year-old child filed a petition to annul his marriage with the child’s mother, who had left the marital home with the child and was allegedly in a relationship with another woman, and the father attached an ancillary request for custody of the child while the litigation was pending. The […]

Yaros-Hakak v. Attorney General, Supreme Court of Israel (10 January 2005)

Procedural Posture The appellants, a same-sex couple, applied to adopt each other’s biological children. The Family Court denied the application and the District Court upheld the decision. The appellants appealed to the Supreme Court. Facts The appellants were in a lesbian relationship. Through anonymous sperm donations, one woman gave birth to two children while the […]

In the Matter of M, High Court of Justice in Northern Ireland, United Kingdom (6 January 2004)

Procedural Posture Application to adopt M, the child, by her long-term guardian, J; and an application by J and A, a same-sex couple, for a joint residence order regarding M. Facts M was placed in the care of J in 1992, when she was two-years old. At that time J was married to a man. […]