Lambda Legal Urges Oklahoma Health Department to Issue Birth Certificate to Toddler Adopted by Two Gay Men in Washington State

(Oklahoma City, OK April 5, 2004) - In a letter made public today, Lambda Legal is urging the Oklahoma Health Department to issue an accurate birth certificate to a girl who was legally adopted by two gay men.

“The Health Department does not have authority to decide who gets a birth certificate or who is a legal parent.” said Brian Chase, Staff Attorney in Lambda Legal’s South Central Regional Office. “The law clearly requires state officials to issue this birth certificate. It’s both unlawful and unconscionable to withhold this vital document because of antigay prejudice against a child’s parents.”

Lambda Legal became involved in the case when the former health commissioner refused to issue an accurate birth certificate reflecting both of the child’s legal parents.

Two-year-old Vivian has lived with her parents, Gregory Hampel and Edmund Swaya, in Seattle, Washington since shortly after she was born in Oklahoma.

Recently, the Oklahoma State Attorney General, W.A. Drew Edmonson, at the request of the former health commissioner, issued an advisory clarifying the matter under Oklahoma law. The advisory states that under the federal Constitution and Oklahoma laws, the state is required to issue accurate birth certificates for children legally adopted outside of Oklahoma including to children adopted by same-sex couples.

Lambda Legal won a similar case involving a lesbian couple in Vermont who legally adopted a baby from Mississippi. After a two-year court battle, a state judge ordered the Board of Health to issue an accurate birth certificate listing both mothers. That case was Perdue V. Mississippi Board of Health.

### Contact: Lisa Hardaway, 212-809-8585 ext: 266