CNN) — The legalization of same-sex marriage has given way to a new problem for a Pennsylvania couple, who technically are father and son.

Before states across the country began striking down bans on same-sex marriage and the Supreme Court ultimately decided the issue nationwide, some gay couples used adoption laws as a way to gain legal recognition as a family, and the related benefits such as inheritance and hospital visitation rights.

Nino Esposito, a retired teacher, adopted his partner Roland “Drew” Bosee, a former freelance and technical writer, in 2012, after more than 40 years of being a couple.

Now, they’re trying to undo the adoption to get married and a state trial court judge has rejected their request, saying his ability to annul adoptions is generally limited to instances of fraud.

“We never thought we’d see the day” that same-sex marriage would be legal in Pennsylvania, Esposito, 78, told CNN in a telephone interview.

The adoption “gave us the most legitimate thing available to us” at the time, said Bosee, 68.

Read the article “Couple Seeks Right to Marry. The Hitch? They’re Legally Father and Son” on cnn.com.