A gay man who legally became his partner’s father after adopting him has been allowed to dissolve his guardianship, so the couple can get married.
In the absence of same sex marriage laws in the US, Roland Bosee Jr, 79, legally adopted his 69-year-old partner Nino Esposito in 2012 so they could be legally protected for a number of issues including inheritance.
It was fairly common for homosexual couples to do this before marriage was legalised in 2014 and ratified across 50 states by the US Supreme Court, the following year.
Although the couple wanted to get married after the rule change, the adoption left them in difficult position because Mr Bosee Jr was legally Mr Esposito’s father.
When they tried to dissolve the adoption last year, Judge Lawrence O’Toole said he only had the power to do so in instances of fraud.
Following an appeal, a three-judge Superior Court panel ruled “under the circumstances of this case, Pennsylvania law permits an unopposed annulment or revocation of an adult adoption.”
The couple told Pink News they were “relieved” at the “wonderful Christmas gift”
Mr Esposito told the Pittsburgh Post Gazette that the men then plan to be married quietly.
“I’m sure some friends and family will want to do something,” he said. “But at our age, we’re not worrying about ceremonies.”
