Three recent stories about same-sex parents trying to obtain accurate birth certificates for their children underscore the obstacles and confusion we often face in trying to protect our families.
- In Wisconsin, where same-sex couples were able to marry for barely a week before a stay was issued, Berri and Lisa West are trying to get Lisa on their son’s birth certificate. He was born last week, two days after his moms wed. His birth certificate, however, lists Berri as a single parent, since officials did not know if Lisa could be on it.
- Jason Hanna and Joe Riggs married last year in Washington D.C., but live in Texas with their month-old twin boys. They had the boys via surrogacy, with each of them fertilizing separate eggs from the same egg donor, which were then carried by the surrogate. GLAAD reports that they have not even been able to get their names on either child’s birth certificate: “Neither Jason nor Joe are listed as fathers on either of their sons’ birth certificates, which the men have not been able to see. They petitioned a judge in their county to add each of their names to their biological sons’ birth certificates and to cross-adopt, or second-parent adopt, the boys. The judge has denied the family both requests.”
- Finally, writer David Dodge, who was the sperm donor for two lesbian friends, writes about the ruling in New York in which a judge denied a second-parent adoption to a lesbian couple because it “was neither ‘necessary nor available … since a ‘presumption of parenthood’ exists for all married couples.” Dodge notes the questions this raises should the couple ever travel out of state, not to mention the uncertainty inherent in never having him officially terminate his parental rights. He seems more willing to accept that the second-parent adoption is unnecessary than I am, though — see my comments about the ruling when it first passed in January.
Birth certificates are a critical piece of legal documentation for a host of rights and benefits (for the child) and responsibilities (for the parents). I’m consistently appalled that many family courts (family courts!) cannot see that an accurate birth certificate reflecting two parents is in the best interests of the child.
