Grandmother Granted Custody Despite Arkansas Unmarried Couple Adoption Ban

An Oklahoma woman has won temporary custody of her grandchild after a lawsuit was filed that challenged a new Arkansas law that bans unmarried couples from adopting children.

Sheila Cole of Tulsa, Oklahoma filed for custody of her granddaughter, who was in foster care in Benton, Arkansas. But a new law banning unmarried couples who are living together from adopting or fostering children made it difficult for Cole to obtain custody.

Cole said the decision by Benton County Circuit Judge Jay Finch to allow her to obtain temporary custody of her grandchild signifies the first hurdle toward adopting children.

Cole was represented by the Arkansas chapter of the American Civil Liberties Union, which filed a lawsuit on behalf of Cole and numerous others, claiming the law violates both state and federal constitutional rights to equal treatment. 

The Unmarried Couple Adoption Ban (also known as Act 1) was approved by Arkansas voters on the November 2008 ballot, making it illegal for non-married couples to serve as foster or adoptive parents.  The measure was proposed to prohibit same-sex couples from fostering or adopting children, but the law also affects heterosexual couples who are not legally married.

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