CHARLESTON -- A family rights group wants to stop a same-sex couple from adopting a child they have kept in foster care since birth.
The state Supreme Court of Appeals is scheduled to hear the case March 11. It has been appealed from Fayette County Circuit Court.
The Family Policy Council of West Virginia filed an amicus curiae Jan. 20 that argues abused and neglected children should be placed "on a par with natural children."
The newborn baby girl's drug-addicted mother was found to be unfit in neglect and abuse proceedings in late 2007. The baby was placed under the care of the Department of Health and Human Resources, which put her in the foster care of Kathryn Kutil and Cheryl Hess.
A hearing Oct. 8, 2008, found the birth mother was still unfit.
An adoption plan forwarded by the DHHR suggested both Kutil and Hess, as an unmarried cohabiting couple, would be preferred as adoptive parents.
That is contrary to state code, which allows for adoption by a married couple or a single person, according to a brief submitted by Thomas K. Fast, an attorney representing the child in this litigation.
Kutil and Hess are challenging Fayette County Circuit Court Judge Paul M. Blake Jr.'s decision that there were too many children in their home and that unmarried couples may not adopt children under West Virginia law.
The home included seven children, one over the limit for a foster home, according to the defendant's brief.
"There's no legitimate reason to invent exceptions to this law," said Alliance Defense Fund senior legal counsel Brian Raum. That group works in tandum with the Family Policy Council on legal and public policy issues.
The Family Policy Council advocates public policy that continues the tradition of married mother-father adoption.
According to Jeremiah Dys, president and general counsel for the group, the group agrees with both sides' experts that the "ideal situation is to put the child in a home with a mom and a dad."
The nonprofit Family Policy Council is part of a network of 40 similar, unaffiliated family rights groups nationwide. The statewide group was founded as the West Virginia Values Coalition in 2005, and has operated under its new name for about a year.