Same-Sex Couples In Florida Sue State To Have The Names Of Both Parents On Children’s Birth Certificate

Children who have same-sex parents are left vulnerable under Florida’s current laws, but will this federal court case finally provide protections for LGBT families?

When a woman who is married to another woman gives birth to a child in Florida, the state will not issue a birth certificate listing both same-sex spouses as the child’s parents. Now, couples are asking the federal court to order Florida to treat their families equally, and to do so without a trial.

“There is no justification for Florida’s refusal to treat same-sex spouses equally,” said NCLR Senior Staff Attorney Amy Whelan. “The Supreme Court has already ruled that same-sex spouses and their children have a constitutional right to have their family relationships respected in every state.”

Whelan is referring to Obergefell v. Hodges, the U.S. Supreme Court’s ruling that legalized marriage equality throughout the country and specified same-sex and different-sex spouses must be treated equally in all respects.

RELATED ARTICLE: Even After SCOTUS Gay Couples Having To Fight To Be Legally Recognized As Parents Of Their Children

So what’s the big deal with putting the names of both same-sex parents on a child’s birth certificate anyway? Birth certificates are solely for identifying genealogical heritage, right? Wrong! Parents are often required to produce birth certificates to establish parental rights and/or to prove they have the authority to take action on their child’s behalf. If a same-sex parent is not listed on their child’s birth certificate, it can prevent them from doing things like authorizing critical medical treatment or performing basic tasks such as enrolling their child in daycare, school, or extracurricular activities. When states like Florida refuse to put both parent’s names on birth certificates, they deny LGBT couples and their children the privacy, dignity, security, support, and protections that are provided to married opposite-sex couples and their children.

“I’m just as much of a parent as Kari and as anyone else with children,” said Debbie Chin, a plaintiff in the Florida birth certificate case. “It was humiliating to be denied the right to have my name added to our son’s birth certificate. All we want to do is love, protect, and provide the best opportunities for our children and to be treated equally under the law. Without being on our son’s birth certificate, in the event of an emergency or if something were ever to happen to my wife, I am not sure where that would leave us.”

Here’s the strange thing though. When a same-sex couple in Florida adopts a child, the state issues a birth certificate listing the couple as “parent one” and “parent two.” Florida only has an issue when a woman who is married to another woman gives birth to a child. So what’s the problem Florida? Why can’t all families be treated equally?

See the full complaint here.

Debbie and Kari Chin made this video with Equality Florida:

 

NCRM writer Eric Rosswood is the author of the upcoming book, Journey to Same-Sex Parenthood, which helps same-sex couples understand the differences between the various parenting options including adoption, surrogacy, fostering, assisted reproduction, and co-parenting. The book includes firsthand stories from same-sex couples, legal advice, and checklists to help people decide which path is best for them.