NEW Pontiac Grand Prix $18,512NEW GMC Sierra $17,413NEW Mazda 6 $5,132 OFF! By Dan McFeelyWhile legal eagles begin to polish their arguments for and against adoption by gay couples in Indiana, a lesbian foster mom in Martinsville worries about the ramifications of an Indiana Supreme Court ruling.

"Most at stake here is our baby. We've had her since she was 2 days old, and she is caught in the middle," said Kim Brennan, 36, who with her partner is seeking formal adoption of the child, who turns 20 months old next week.On Monday, Indiana Attorney General Steve Carter asked the state's Supreme Court to decide whether two people who are not married can jointly petition for an adoption. Two trial judges have disagreed on the matter, and the Indiana Court of Appeals split 2-1 in a ruling last month.Given the various legal opinions, Carter said it is proper for the Supreme Court to get involved.His decision was welcomed by conservatives such as state Sen. Jeff Drozda, R-Westfield. But for legislators, it does not mean the matter will be placed on hold while the court decides whether to take the case. Drozda said he will move forward with plans to introduce a bill next year to prohibit same-sex couples from adopting."Regardless of the final outcome (of the legal battle), it's more important to have public policy set by members of the General Assembly rather than judges," said Drozda.Brennan -- who has been with her partner, Becky Hamilton, for the past 12 years -- said she has thus far spent at least $28,000 in legal fees and promises to fight to the end."At this point, the lawyers will do all the talking. But if I could, I would say how do they know a home with a male and female is going to be in the baby's best interest," Brennan said."Just because it's not what they believe, there are lots of kids who don't come from traditional homes and they are fine," she said.The baby they are raising, known only as Infant Girl W., was given up for adoption by her biological mother at birth. She weighed just 4 pounds at the time, Brennan said, but is now a healthy 24-pound baby who gets fawned over in local grocery stores."She is one of the happiest babies I've ever seen," she said.Drozda said he does not dispute that the baby is doing well. And he even agrees that there may be some instances in which adoptions such as this would be looked at more favorably."But my belief has always been that under normal circumstances, having a mother and a father is a best-case scenario," he said. "And I don't think you will find anyone who would dispute that."Legally, he added, the law permits a single person to adopt and a married couple to adopt. But allowing two single people to adopt goes "beyond the line" of what the state law says. That's what needs to be settled, he said.In a prepared statement, the attorney general's office said it asked the Supreme Court to hear the case of "Infant Girl W. v. Morgan County Office of Family and Children" and to vacate the lower court's decision permitting a joint adoption by an unmarried couple."The issue presented in this case concerns whether or not Indiana law has changed to now permit unmarried partners to adopt through a joint petition," Carter said in the news release. "There has been conflict among trial and appellate judges about whether two people can jointly adopt a child when they are not married."Given such a division thus far among five judges at two different levels of our courts; and given the fact that the state Supreme Court has not yet had the opportunity to interpret the most recent relevant enactment of the legislature, I find it proper to invite the High Court to be heard in this matter."Although a lengthy legal battle might extend the case beyond the next legislative session, Carter said he hopes the Supreme Court's decision, if justices accept the case, might "provide sound guidance" for legislators.Drozda won't be waiting for such guidance."This is a public policy decision. It is up to us to decide what this state will permit and what it won't."

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