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Tina Batesv.Nicole Bates

CourtCourt of Appeals of Georgia
Docket No.A12A0552
DecidedJuly 11, 2012
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodyParental RightsCivil ProcedureStandingSubject Matter JurisdictionStatutory InterpretationReversalRemand
Case Summary

Nicole Bates gave birth to a child conceived by artificial insemination and, with her same-sex partner Tina, obtained a Fulton County decree purporting to make Tina the child’s adoptive second parent. After the relationship ended, Nicole unsuccessfully moved in Fulton County to set the decree aside as void and later asked the Henry County court to dismiss Tina’s custody petition on the same theory. The Henry County court agreed that Georgia did not recognize the adoption and dismissed the petition. The Georgia Court of Appeals reversed and remanded. It held that the earlier Fulton County ruling was conclusive under res judicata as to the validity of the adoption decree and therefore Tina’s standing to seek custody. Although the motion had been denied as untimely, that ruling necessarily determined that the adoption was authorized by the statutory provision invoked. Nicole had been a party, had a full and fair opportunity to litigate validity, and had raised the same jurisdictional arguments. A judgment alleged to be void may ordinarily be attacked at any time, but res judicata limits repeated attacks after the issue has been litigated and rejected. The court did not decide whether Georgia law independently permits second-parent adoptions, and it rejected the alternative theory that the state constitutional provision concerning same-sex relationships deprived the custody court of jurisdiction.

Opinion

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