V.L. v. E.L.

Background

Two women who raised three children together used assisted reproductive technology; the birth mother consented to the other woman adopting the children in Georgia. A Georgia superior court entered a final adoption decree recognizing both women as the children's legal parents. The Georgia decree was final. After the couple separated while living in Alabama, the adoptive mother asked Alabama courts to register the Georgia decree and seek custody or visitation; the family court awarded visitation, but the Alabama Supreme Court refused to recognize the Georgia judgment, saying Georgia lacked jurisdiction under its adoption statute.

Reasoning

The central question was whether Alabama had to give effect to the Georgia adoption judgment. The Court explained the Full Faith and Credit Clause generally requires states to honor valid sister-state judgments and presumes jurisdiction when a judgment appears to come from a court of general jurisdiction. Georgia law gives superior courts exclusive jurisdiction over adoptions, and the Georgia decree on its face showed such jurisdiction. The Court found the Alabama Supreme Court wrongly treated a Georgia statutory adoption requirement as jurisdictional and reversed, holding the Georgia judgment should be recognized.

Real world impact

This decision requires Alabama courts, and similarly placed courts, to respect out-of-state adoption decrees that appear on their face to come from a court with authority. It makes it easier for adoptive parents to enforce custody or visitation across state lines. The case was reversed and remanded for further proceedings consistent with the opinion.