Trial court judge removed infant foster child from lesbian couple’s home to put her with hetero couple
CHARLESTON, W.Va. — The West Virginia Supreme Court is set to consider whether a foster baby would be better off adopted by a husband and wife or the same-sex couple who have cared for her since birth.
Oral arguments in Kathryn Kutil and Cheryl Hess’ appeal are scheduled Wednesday, March 11.
The lesbian couple are challenging a November ruling by Fayette County Circuit Judge Paul Blake to place the now 15-month-old girl under the care of a heterosexual couple who might adopt her.
State law allows a single person or a married couple to adopt.
The infant has temporarily been returned to Kutil and Hess’ care but they argue Blake’s ruling is discriminatory.
They have cared for the girl since shortly after her birth in December 2007 to a drug-addicted mother and unknown father.