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12/13/08-12/15/08

W.Va. Couple Battle for Adoption Rights

A lesbian couple who have been raising a foster child since December 2007 are being blocked from adopting her by the child's legal advocate, who argues that she would be better off with a "traditional" married couple. Kathryn Kutil and Cheryl Hess will go before the West Virginia supreme court March 11 to appeal a November decision by a lower court, according to the Associated Press.

The child was born to a drug-addicted mother last year and had experienced narcotic withdrawal following her birth. The Charleston Daily Mail reports that she was found with cocaine, opiates, and benzodiazepines in her system. Fayette County circuit judge Paul Blake terminated the biological mother's parental rights; no other blood relatives of the child could be found. Since Hess and Kutil took the child in, raising her for nearly a year, the Department of Health and Human Resources moved to let the couple adopt the girl. They were also deemed fit as parents two years ago when they started fostering a girl who is now 12.

However, the court-appointed legal advocate, Fayetteville attorney Thomas Fast, filed a motion January 24 to remove the younger girl from Hess and Kutil's care because she was living in a "homosexual household." In November the judge affirmed that DHHR had failed to seek a "traditional most family-like setting with a mother and father." According to the order, DHHR can place a child in "nontraditional" settings only after a search is exhausted to place the child in a "traditional" home. Blake has since ordered that the child be moved to a second foster home, but the supreme court ordered her to return to Kutil and Hess.

Current West Virginia law allows single people and married couples to adopt children, with no specifications for same-sex couples. Kutil and Hess argue that the lower court's decision infringes on their rights and is the gateway for other groups to lose adoptive rights.

"What I can say about these two women is that they are far and above, based on my experience in dealing with them," their attorney Anthony Ciliberti told the Daily Mail. "They are far and above conceivably the best foster parents we have in this county." (Advocate.com)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

  • Name: Kim
    Date posted: 2008-12-22 9:23 AM
    Hometown: Morgantown, WV

    Comment:

    As a lesbian foster adoptive parent living in WV I am very interested in how this case turns out. We have a 4 year old foster son that has been with us over two years. He should have been adoptable 9 months ago, according to state law. But, thanks to the negligence of the judge this boy still does not have permanence. We hope that Kathyrn and Cheryl's voices are heard and the court makes the right decision to allow them to adopt their foster child.


  • Name: Jeannie
    Date posted: 2008-12-16 2:20 PM
    Hometown: Fort Wayne, Indiana

    Comment:

    My wife and I were the first same-sex couple to adopt children (as a couple) in Colorado under a new law last year. Our daughters were both born drug-addicted, and were severely neglected and abused by their heterosexual parents. The idea that a two-parent heterosexual household is the best environment for children is not only a myth, but is dangerous.


  • Name: Sharon
    Date posted: 2008-12-16 8:09 AM
    Hometown: sykesville md

    Comment:

    As a native of WV and a Fayette County property owner , I have only one question of all West Virginians. Our state motto is "Montani Semper Liberi" (Mountaineers Always Free)... When in heaven's name will you start to practice what you preach?


  • Name: Tyler
    Date posted: 2008-12-15 4:24 PM
    Hometown: San Luis Obispo

    Comment:

    We're moving into 2009 and it's disgusting that a two parent household has to fight to adopt a child when there are millions and millions of unfit male/female couples raising kids. What hypocrisy. If they don't let you adopt, then surrogacy, they can't stop you there, but for this couple I know in the end the justice system will allow it.


  • Name: Lorna
    Date posted: 2008-12-14 1:29 PM
    Hometown: Lexington, KY

    Comment:

    As a native West Virginian, the sickens me. A loving household is ALL that matters. Best of luck to Kathryn and Cheryl.


  • Name: Bob Smullen
    Date posted: 2008-12-13 5:17 PM
    Hometown: Hackensack, NJ

    Comment:

    Fayetteville attorney Thomas Fast is a creep. I don't actually believe in Hell, but Hell does seem a fit place for a creep like Fast who goes out of his way to hurt and do harm to both child and parent.


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