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Same-sex parents seek same birth certificate rights as hetero couples

On Behalf of | Dec 17, 2015 | Child Custody

Having a child is one of the most fulfilling experiences of many people’s lives. As years have passed, the makeup of family units has changed. With the legalization of same-sex marriage in some states, new challenges have arisen. One challenge involves which names are listed on the birth certificates of their children. Currently, both names of same-sex spouses do not appear on the birth certificate.

Two lesbian couples, who are legally married, recently took legal action against Indiana’s health commission and local officials, regarding this issue. In their lawsuit they claim that married same-sex couples in Indiana do not get equal recognition to what married parents who are a man and woman do. Instead, only the woman who gave birth to the child is included and the female spouse does not have legal status relating to the child. In comparison, the male spouse of a woman who gives birth to a child is presumed to be the father of the child.

It is worth noting, that this is the case in hetero sexual marriages even when artificial insemination is used. The same does not hold true when a same-sex couple has a child this way. Instead, the other parent must spend time and money to adopt the child. This is true even if the parent is biologically related, having contributed the egg.

Establishing paternity is important for multiple reasons. When a relationship ends, it is an important part of establishing custody and child support payments.

There are many ways in which a lawyer can be of assistance to all parents in matters pertaining to child custody. A lawyer can be of assistance in these mattes at all points.