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Neb. Settles Failed Adoption Lawsuit

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  • Neb. Settles Failed Adoption Lawsuit,0

    Neb. Settles Failed Adoption Lawsuit
    By Associated Press

    February 13, 2004, 11:27 PM EST

    LINCOLN, Neb. -- The state of Nebraska has reached a settlement with a man who
    sued the state nine years ago for denying his HIV-positive wife a chance to
    adopt a baby.

    Both parties signed an agreement saying they would not disclose financial

    Jay Brummett and his wife, GayLynn, had fought to adopt a boy who was placed
    with them as a state ward in 1992 when he was 3 months old.

    When the couple first applied to adopt their son, the state Department of
    Social Services opposed the action because GayLynn had HIV. The state contended
    that it was not discriminating against people with the AIDS virus, but that her
    illness made it unlikely that she would be able to parent Noah to adulthood.

    The boy was taken out of the couple's care and placed in another foster home in

    Soon after a Nebraska Supreme Court ruling in 1996 cleared the way for the
    couple to adopt the child, GayLynn Brummett died.

    With help from the American Civil Liberties Union, Jay Brummett sued the state
    that year, seeking damages for the emotional strain on him and his late wife.

    "We consider the terms of the settlement fully acceptable," state ACLU
    executive director Tim Butz said Friday.

    As part of the settlement, the state said it would not discriminate in the
    administration of its foster care and adoption programs against prospective
    parents with HIV or AIDS.

    A good friend will come and bail you out of jail . . . but, a true friend will
    be sitting next to you saying, "**** . . . that was fun!"
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