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Lambda Legal Files Brief in Virginia Supreme Court Seeking Birth Certificates for Children Born in Virginia and Adopted by Same-Sex Couples in Other States

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"Schools, hospitals or others may refuse services or access to records without a birth certificate that specifically names each legal parent."
October 25, 2004

(Richmond, VA, October 25, 2004) - Lambda Legal today filed a brief in the Virginia Supreme Court seeking birth certificates for children who were born in Virginia and adopted by same-sex couples out of state. A lower court refused to order state officials to issue birth certificates that accurately reflect both legal parents.


"Having an accurate birth certificate that lists both parents is important for both the child and the parents," said Jack Senterfitt, Senior Staff Attorney in Lambda Legal's Southern Regional Office in Atlanta. "Schools, hospitals or others may refuse services or access to records without a birth certificate that specifically names each legal parent."

According to Lambda Legal, when children don't have birth certificates accurately listing both of their legal parents, they are denied valid legal documentation of their identity. "A birth certificate is a basic and important document for every child to have. Without a valid and accurate birth certificate, children might not be able to register for school and their parents might not be able to make medical decisions for them in emergencies," Senterfitt explained.

Today's case involves three families, two in Washington, DC, and one in New York, who adopted children born in Virginia. After the state refused to issue birth certificates that reflect both legal parents, the families filed a lawsuit in the Circuit Court for the City of Richmond. The Commonwealth of Virginia argued that the form lists a mother and father and officials would not issue birth certificates listing two parents of the same sex for fear that it would confuse the record-keeping system that must be "uniform and consistent." The Commonwealth also argued that because unmarried couples in Virginia cannot adopt children, the state could not recognize legal adoptions that occur out of state by such couples. A lower court judge agreed, and now the case is on appeal at the Virginia Supreme Court.

"It is patently absurd for the Commonwealth of Virginia to argue that having a vital records system that is ‘uniform and consistent' is more important than having records that are complete and accurate," Senterfitt said.

Lambda Legal's friend-of-the-court brief is based on the Full Faith and Credit Clause of the U.S. Constitution, which requires that a judgment (such as an adoption decree) from a court in one state be honored in other states. Treating these children differently than other adopted children also violates the guarantee of Equal Protection in the U.S. Constitution. Lambda Legal also argues that the primary purpose of the vital records system is to ensure that the information is complete and accurate, and that Virginia law requires the Registrar to develop forms necessary to do that.

Lambda Legal won a similar case last year, when a Mississippi judge ordered the state to issue a birth certificate naming both parents of a boy adopted by two women in Vermont. The judge cited the Constitution's Full Faith and Credit Clause in his decision. Currently, Lambda Legal also represents families affected by a dangerous law in Oklahoma that could be interpreted to nullify legal adoptions of children by same-sex couples in other states when they are in Oklahoma. That case, which was filed last month, is Finstuen et al v. Edmondson et al.

The Virginia case is Davenport et al v. Little-Bowser et al.

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