Louisiana Birth Certificate for Gay Dads Stayed

There’s a case I’ve been watching and have written about involving a gay male couple who are trying to get a Louisiana birth certificate with both of their names on it.   You can read a fuller description here.

The two men are legal parents of the child, having completed an adoption in New York.   They’d like a birth certificate listing both of them as parents.   However, since the child was born in Louisiana, only Louisiana can issue a birth certificate for the child.  And Louisiana will not issue a birth certificate listing the two men as parents.

As the earlier [posting recounts, a federal court in Louisiana recently directed the state to issue the birth certificate within 15 days.    However, last week the United States Court of Appeals for the Fifth Circuit issued a stay.     That means that no birth certificate will be issued while the state takes the case up to the appellate court on appeal.   It could take quite a while for a final decision to issue, but I’ll keep an eye on it.   There’s one opinion from the Eighth Circuit that’s supported the issuance of a birth certificate in similar circumstances and it will be interesting to see how this case progresses.


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