News

News

September 28, 2015

Non-Biological Same-Sex Parents Encouraged to Adopt Despite Legalization of Same-Sex Marriage

 

Non-Biological Same-Sex Parents Encouraged to Adopt Despite Legalization of Same-Sex Marriage
NPR recently hosted a discussion regarding the handful of states refusing to place both parents’ names on the birth certificate of a child born to same-sex couples. The U.S. Supreme Court decision does mention the benefit of the legalization of same-sex marriage and birth certificates, but litigation is pending in some states as to whether they are required to do so.
In Vermont, a child born during a marriage is presumed the child of both parents, regardless of their genders. Both parents of a same-sex couple may also be placed on that child’s birth certificate born in Vermont. However, depending on the couple’s choices in assisted reproduction, the birth certificate may first have to be amended by a Vermont-issued court order. 
During the story, the National Center for Lesbian Rights (NCLR) recommends that, despite being on the marriage and birth certificates, non-biological same-sex parents should still legally adopt their children. This is due to the inconsistency or lack of assisted reproduction laws. The NCLR says that non-biological parents remain vulnerable, and that “this fight for family equality is the next phase of same-sex rights.” 
To listen to the NPR story, please visit:  
http://www.npr.org/2015/09/21/442148968/gay-parents-face-issues-with-birth-certificates-in-some-states
To learn more about the NCLR initiative for family equality, please visit:  
http://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf

NPR recently hosted a discussion regarding the handful of states refusing to place both parents’ names on the birth certificate of a child born to same-sex couples. The U.S. Supreme Court decision does mention the benefit of the legalization of same-sex marriage and birth certificates, but litigation is pending in some states as to whether they are required to do so.

In Vermont, a child born during a marriage is presumed the child of both parents, regardless of their genders. Both parents of a same-sex couple may also be placed on that child’s birth certificate born in Vermont. However, depending on the couple’s choices in assisted reproduction, the birth certificate may first have to be amended by a Vermont-issued court order. 

During the story, the National Center for Lesbian Rights (NCLR) recommends that, despite being on the marriage and birth certificates, non-biological same-sex parents should still legally adopt their children. This is due to the inconsistency or lack of assisted reproduction laws. The NCLR says that non-biological parents remain vulnerable, and that “this fight for family equality is the next phase of same-sex rights.” 

To listen to the NPR story, please visit:  

http://www.npr.org/2015/09/21/442148968/gay-parents-face-issues-with-birth-certificates-in-some-states

To learn more about the NCLR initiative for family equality, please visit:  

http://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf

Related Attorneys

Kurt M. Hughes

Michelle A. Tarnelli

Website Design and Development by Bluehouse Group