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Tuesday, November 11, 2003

MAINE COURT RULING ON SAME-SEX PARENTING: Gabriel Rosenberg

[Answering Eve's question about what the court decision said about same-sex parenting as vs. a mother and a father.]

The opinion of the Maine SJC is available here.

It is not long. The only question it truly answered was whether an anonymous sperm donor needs to be given notice of a hearing to appoint guardians. (No.) The other question asked of the court was whether the probate court had the power to appoint a co-guardian with a natural parent. The court said this question was never in doubt. The answer is
yes. In determining whether to grant a guardianship the court must decide what is in the best interest of the child. So in short, the answer to Eve's question is (a) there could potentially be some cases in which a
particular child might be served best by having two particular co-guardians of the same sex.

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