Adoption can be an uphill struggle

In a heartwrenching story, with a likely happy ending, a West Virginia couple learned that giving foster care to a child does not always neatly lead to the availability of the child for adoption. In the New York Times account of the story of Kathryn Kutil and Cheryl Hess, it was even more complicated by the state's position on their same-sex relationship. Early in the article, the reporter asks, "Was it somehow O.K. for a lesbian couple to care for older kids no one else would take in but not for a newborn whom another set of more "deserving" parents might want?"

Several states outright prohibit adoption by homosexuals, and in some states only one party of a gay couple can adopt but not both parties. In the case of Kutil and Hess, when their infant foster child became available for adoption, the court opined "that the best interest of the child is to be raised by a traditional family, mother and father."

Ultimately, the West Virginia supreme court had to decide that the judge had improperly weighed the various factors to determine the best interest of the child. However, the adoption will still require approval of the state health and human services department and confirmation by a county judge, all of which will take several more months.

As Kathryn Kutil said before the jury in the county courthouse, "We've done nothing wrong but love this baby and love her with everything we had."