The North Carolina Supreme Court on Monday invalidated a state senator's adoption of her former domestic partner's biological son, yet allowed the former couple to continue to share custody of the child. The case apparently closes an avenue by which same-sex couples in North Carolina could adopt.

Melissa Jarrell and Julia Boseman, North Carolina's first openly gay member of the state legislature, were living together when Jarrell gave birth to a son in 2002. Boseman adopted the child and Jarrell later sued to void the adoption after the couple split up. The high court ruled 5-2 that the initial adoption was invalid under North Carolina law, which specifies that a birth mother must give up her parental rights before another party can adopt the birth mother’s child.

The 23-page ruling in Boseman v. Jarrell did allow Boseman to keep joint custody, saying the arrangement was in the best interest of the child.

Michelle Connell, a Winston-Salem lawyer and chairwoman of the family law section of the North Carolina Bar Association, told the Associated Press in an interview that the case would impact same-sex adoption in the state. "The avenue is going to have to be changing the (adoption) statute," Connell said.

Republicans who will take charge of the legislature next month are reportedly considering a push for a vote on a constitutional amendment that would prohibit gay marriage.