Federal judge tells state to put same-sex spouses on birth certificate
Saying that there is no good argument for doing otherwise, a federal judge in Utah has ordered state officials to list both members of a married same-sex couple on the birth certificate for their child.
Claiming that fatherhood was a “biological impossibility” for one woman, state officials had sought to force one mother to adopt the baby, who was conceived through assisted reproduction techniques. However, U.S. District Judge Dee Benson saw no reason to treat Angie and Kami Roe differently than a heterosexual married couple, reports the Associated Press.
Under state law, a husband who has agreed to assisted reproduction is automatically recognized as the baby’s father.
“The state has failed to demonstrate any legitimate reason, actually any reason at all, for not treating a female spouse in a same-sex marriage the same as a male spouse in an opposite-sex marriage,” said Benson in a bench ruling in the Salt Lake City case.
In a court filing, attorneys for the state had argued: “It is a fact that a non-biologically related female spouse can never be the biological father of a child. It is a biological impossibility for a woman who does not give birth to a child to establish paternity of a child through the act of birth.”
See also:
ABAJournal.com: “3-parent birth certificate is OK’d by judge”
ABAJournal.com: “Woman is listed as ‘father’ on child’s birth certificate after judge rules in gay-marriage case”
