Doe v. Doe, 222 Va. 736 (1981)

In Doe v. Doe, 222 Va. 736 (1981), the appellee, the child’s father and stepmother, had permanent custody and sought adoption of the child because the appellant-mother was in a lesbian relationship in the same household that the child visited in. The lower court granted the adoption and severed the appellant’s parental rights, stating that her lifestyle would cause detrimental harm to the child. In order to sever one’s parental rights, continuing a relationship between the child and natural parent must be detrimental to the child. However, if continuing the relationship is at all consistent with the child’s best interests, then the natural parent retains their rights over the child. In this case, the Supreme Court of Virginia held that the lower court should not have granted the adoption and severed the appellant’s parental rights because the record clearly and convincingly indicated that she was a fit, loving, and capable mother and her relationship cannot be the sole basis for finding unfitness. The case is significant because the Court held that sexual orientation is not per se a reason to sever one’s parental rights, although the Court did emphasize that sexual orientation is a relevant factor in determining a parent’s fitness and a child’s best interests.