Birth Certificate

cookiemomstarr

Hi!

Visiting from the 1st tri board.  So randomly I started thinking about birth certificates and same sex marriages/couples.  Do they let you have both parents on the birth certificate?  I don't know why this has peeked my curiosity, just a random thought that popped in my head.  Might be the pregnancy brain taking over...again.

Love and Hugs

2moms2twins

Depends on the state really.

 I belive in most states that have domestic partnership  both Same sex parents can be on the Birth Certificate.

I am in NV and I am on my childrens Birth Certificate with my wife. I know that California also lets same sex couples that are Domestic Partnered be on Birth certificate.

- J

MommieBear

WashIngton doesn't do it at birth. Second parent has to adopt the child. 

jedrisco

We live in MA and are legally married, and we are both on the birth cert as parent #1 and parent #2.

2brides

But being on the birth certificate doesn't ensure parental rights since states don't have to recognize each others licenses and birth certificates - though they do have to recognize court orders (ie. adoption.) This is why same-sex couples who do have the ability to be on the birth certificate from the beginning should still do a 2nd parent adoption.

From Family Law News

Court orders are not the same as birth certificates
States do not have to recognize other states? licenses
and birth certificates. In Finstuen v. Crutcher (2007) 496
F. 3d 1139, the U.S. District Court of Appeals held there is
a distinction between statutes and judgments. Although the
full faith and credit clause applies to judgments, it applies
with less force to other state?s statutory laws. As such, if achild is born in California to registered domestic partners,
other states and possibly the federal government do not
have to recognize the second parent?s parentage that was
created by virtue of our domestic partner laws and not by
court order. Therefore, it is imperative to counsel samesex
clients who are having children about the importance
of obtaining a court order establishing parentage.
When we first interview gay and lesbian clients who
have children, whether for family law or estate planning
purposes, we must inquire about how they obtained
parental status for their children. Did they just get a birth
certificate listing both of them as parents? Did they do
an adoption or obtain a parentage judgment? If they have
not taken steps to obtain a court order making the nonbiological
parent a parent, we must strongly encourage
them to take this action otherwise their children may not
be protected as we have seen from the cases cited above.
If our clients are registered domestic partners, they
should do a step-parent adoption of their children under
Family Code section 9000. Due to disputes between
states in recognizing parentage judgments versus adoption
decrees, it may be preferable to do a step-parent adoption
instead of a parentage judgment. Adoption decrees may
be recognized in other states and by the federal government
with less scrutiny, as adoptions are a more familiar
form of creating parentage by a non-biological parent.
Additionally, under federal tax law, adoption of a child by
an unrelated adult who is not a spouse of the parent (as
defined by federal, not state law) is entitled to an adoption
tax credit. Therefore, a registered domestic partner who
adopts her partner?s child may be entitled to the adoption
tax credit.
Lastly, if the parties end their relationship and have not
previously obtained an adoption decree or judgment of
parentage, it is imperative that the dissolution judgment
include a finding of parentage. It may also be good practice
to file a parentage action with the dissolution action
so that parentage is established in an action that is not
tied to the parents? relationship status. Leaving children
of same-sex parents without a court order establishing
their parentage leaves them at risk if they need federal
benefits based on that parentage or if they leave the state
of California.

LolaBelle515

In Minnesota, the second parent cannot sign the birth certificate.  I believe that's the case for most states that do not have same-sex marriage or civil unions.  It requires a court process and a lot of $$, and is part of the second parent adoption process.

 

Thanks for asking--we're always happy to help:)

LV1979

I love your siggy picture...Suggs is the MAN.   Go Ravens!!!!!

Two*True

It varies by state and like 2brides said it doesn't guarantee rights.

In NY my wife (non-birthing parent) was on the birth certificate and was able to do the second parent adoption after DD's birth.

cookiemonster03

I (non-birth parent) am on the birth certificate, but we are doing the second parent adoption for the reasons pp detailed. It is not cheap either.

bluedaisyus

In Ohio I cannot be on my son's birth certificate, nor can we do a second-parent adoption. We had to go to court and sign a co-parenting agreement, which basically makes me joint legal guardian of my son and has full custody of him come to me if something were to happen to my wife (I'd still have to go to court for permanent custody but he wouldn't be taken from me in the meantime), has a provision in it for me to provide his health insurance (he actually isn't right now as it's better for us financially to have him on her plan, but that provision means that I could add him to mine immediately if she were to somehow lose her coverage without having to go to court again), and agrees to financial and custody splits if we were to separate. That's the best we've got here.

musicmaryn

I'm in California and my wife and I are registered domestic partners.  Both of our names will be on our child's birth certificate.  However, we will also need to do a 2nd parent adoption so my wife can have legal rights over our child.  We're also going to do a living will and power of attorney.  These rights are mostly only legally recognized in the state in which the rights were granted.  But a living will and power of attorney are upheld federally.

2moms2twins

musicmaryn:

I'm in California and my wife and I are registered domestic partners.  Both of our names will be on our child's birth certificate.  However, we will also need to do a 2nd parent adoption so my wife can have legal rights over our child.  We're also going to do a living will and power of attorney.  These rights are mostly only legally recognized in the state in which the rights were granted.  But a living will and power of attorney are upheld federally.

 

Fancy seeing you here music- yay !!!!