Sharon S. v. Superior Court is pending review before the California Supreme Court. This case may nullify second-parent adoptions granted in California prior to the enactment of Assembly Bill 25, which gave same-sex domestic partners the statutory right to adopt their partner's children. Section I will examine the factual history and majority and minority opinions in Sharon S. Next, Section II of this comment will survey the history of adoption law and California Assembly Bill 25. Finally, Section III of this comment will consider differing state court opinions regarding second-parent adoptions. Section III will also offer remedies to counteract potential nullification of second-parent adoptions granted in California before January 1, 2002.
Protecting the Child's Best Interest: Defending Second-Parent Adoptions Granted Prior to the 2002 Enactment of California Assembly Bill 25, 33 Golden Gate U. L. Rev.