The 5th U.S. Circuit Court of Appeals said Tuesday that a Louisiana registrar's insistence that only one father's name can go on the certificate does not violate the child's right to equal protection under the law; nor does it deny legal recognition of the New York adoption by both men.This is not fair. They are his parents they should be able to claim him as their child.
An attorney for the gay rights group Lamda Legal said the complex 72-page decision would have to be analyzed before a decision would be made on whether to appeal.
"These are certainly the types of claims that might interest the U.S. Supreme Court," said Ken Upton of Lamda Legal's Dallas office.
In Louisiana, adopted children get new birth certificates with their new parents' names on them. However, the state does not allow adoptions by unmarried couples. The state contends that putting both men's names on the birth certificate would violate state law.
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I guess they need to check that they are actually following through with that "state does not allow adoption by unmarried couples" thing - to see if they are being consistent with straight unmarried couples that adopt.
ReplyDeleteAlso, where was the child born? Is the birth certificate coming from Louisiana because the couple happens to live there or because the child was actually born there?
ReplyDeleteI agree where was the child born and is everything in accordance.
ReplyDeleteMy state has such a bad reputation:(.
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