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.