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November 2015

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Case Law Update

Children

Georgia Decree Allowing Adoption of Mother's Biological Children by Same-Sex Partner is Unenforceable in Alabama

The Alabama Supreme Court ruled a Georgia court lacked subject matter jurisdiction when it allowed adoption of mother’s biological children by her same-sex partner. The Georgia judgment was unenforceable in Alabama, notwithstanding the Full Faith and Credit Clause, because the Georgia court did not first terminate the biological mother’s parental rights, a prerequisite to adoption by a non-spouse under Georgia law.

Children

Lawsuit Asking California School District to Implement Trauma-Informed Practices for Students Moves Forward

In three separate orders, federal district court denied defendant’s motion to dismiss lawsuit calling for California school district to incorporate practices to help students who have faced traumas such as community violence, family disruption, incarceration, and poverty; denied plaintiffs’ request for preliminary injunction calling for immediate trauma training; and ruled plaintiffs had not yet met burden in establishing “numerosity” or “typicality” in attempt to certify class