Julia Catherine BOSEMAN, Plaintiff
v.
Melissa Ann JARRELL, Defendant and
Melissa Ann Jarrell, Third-Party Plaintiff
v.
Julia Catherine Boseman and North Carolina Department of Health and Human Services, Third-Party Defendants.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
Roy Cooper , Attorney General, by Mabel Y. Bullock , Special Deputy Attorney General, for North Carolina Department of Health and Human Services, third-party defendant-appellee.
Tami L. Fitzgerald , Raleigh, Lloyd T. Kelso , Gastonia, Julee T. Flood , Holly Springs, and Deborah J. Dewart , Swansboro, for American College of Pediatricians, Christian Action League of North Carolina, North Carolina Family Policy Council, NC4Marriage, and Christian Family Law Association, amici curiae.
Tharrington Smith, L.L.P., by Jill Schnabel Jackson , for American Psychological Association, National Association of Social Workers, and North Carolina Chapter, National Association of Social Workers, amici curiae.
Gailor Wallis & Hunt PLLC, Raleigh, by Cathy C. Hunt , for Evan B. Donaldson Adoption Institute, National Center for Adoption Law and Policy, Barton Child Law & Policy Center, Center for Adoption Policy, and Katharine T. Bartlett, Naomi Cahn, June Carbone, Maxine Eichner, Joan Heifetz Hollinger, and Barbara Woodhouse, amici curiae.
Kenneth S. Broun , Chapel Hill, UNC School of Law, for Law Professors;1 and Ellen W. Gerber , High Point, for North Carolina Association of Women Attorneys, amici curiae.
McGuire Woods LLP, by Bradley R. Kutrow , Charlotte, and Monica E. Webb , Raleigh; and Cleary Gottlieb Steen & Hamilton LLP, by Carmine D. Boccuzzi , pro hac vice, for North Carolina Chapter of American Academy of Pediatrics, amicus curiae.
Ellis & Winters, LLP, Raleigh, by Jonathan D. Sasser , for American Civil Liberties Union, American Civil Liberties Union of North Carolina Legal Foundation, Equality North Carolina Foundation, and Lambda Legal Defense and Education Fund, Inc., amici curiae.
Alliance Defense Fund, by Austin R. Nimocks , pro hac vice; and Law Offices of Keith A. Williams PA, by Keith A. Williams , for Family Research Council, amicus curiae.
Supreme Court of North Carolina.
NEWBY, Justice.
In this case we must determine the validity of an adoption decree entered in the Durham County District Court at the request of Wilmington residents. If the decree is invalid, we must also determine whether defendant acted inconsistently with her constitutionally protected, paramount parental status. Because the General Assembly did not vest our courts with subject matter jurisdiction to create the type of adoption attempted here, we hold that the...
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