On Monday, the United States Supreme Court issued a summary disposition reversing the judgment of the Alabama Supreme Court in V.L. v. E.L. (577 U.S. ___ (2016)) In that case, two women had been in a committed relationship with each other for over 15 years. While they were together, E.L. gave birth to three children through assisted reproductive technology, and she and V.L. raised the children together. At some point thereafter, V.L. formally adopted the children in Georgia, with the express consent of E.L. who retained her own parental rights. The Georgia court entered a final decree of adoption recognizing both women as parents to the children.
In 2011, V.L. and E.L. split up while living in Alabama, and shortly thereafter V.L filed a petition in circuit court alleging that her former partner was denying her access to the children. She asked the Alabama court to register the Georgia adoption, and to grant her some custody or visitation rights. The circuit court granted visitation, and E.L. appealed, claiming that Georgia lacked subject-matter jurisdiction to enter the decree of adoption. The Court of Civil Appeals rejected the jurisdictional argument, but did remand the case with directions to the family court to hold an evidentiary hearing before awarding visitation rights to V.L. The Alabama Supreme Court reversed, holding that Alabama was not required to accord full faith and credit to the Georgia judgment because Georgia did not have subject-matter jurisdiction to allow V.L. to adopt the children while E.L retained her parental rights.
In its per curiam opinion reversing the Alabama Supreme Court decision, SCOTUS emphasized that states are required to afford full faith and credit to a judgment unless that judgment was rendered by a court that “did not have jurisdiction over the subject matter or the relevant parties.” Although a court can look into whether a foreign court had jurisdiction, jurisdiction is presumed if the judgment is one of a court of general jurisdiction, and the presumption cannot be rebutted simply because a foreign court disagrees with the outcome of a case. (more…)