The decision follows an unnamed woman’s eight year battle to adopt the 12-year-old daughter that her partner of 20 years had through in vitro fertilization.
The judges ruled that a family composed of a mother and father is best for a child’s dignity, stability and well-being.
According to the majority’s opinion, “The state … has not criminalized their sentimental relationship, but it does not have a constitutional obligation to award this relationship the same rights that other relationships have when it comes to adoption procedures.”
Chief Justice Federico Hernandez Denton voted against the ban, calling it unconstitutional and noted that the girl, “proudly states: ‘I have two mothers.’”
“Both (women) have ideal emotional skills, intuition and protective instinct to guarantee the girl’s full and healthy development,” he wrote. “In addition, tests showed that (the girl) is mentally stable, does exceptionally well in school and gets along very well with children her age.”
By not allowing a second parent adoption, the girl does not benefit from the woman’s medical insurance or a possible will, and the petitioner would lose custody if the girl’s birth mother died or if the couple broke up, he said.
“How sad. This I see as turning your back on childhood. So many orphans wanting to have the warmth of home.”