Judge's Order Would Allow Two Moms On Birth Certificates

Jul 1, 2016

Indiana's birth certificates typically list only one spot each for a mom and a dad.
Credit Valentina Powers / https://www.flickr.com/photos/valentinap/253659858

A federal judge Thursday ordered the state to include the names of both mothers on the birth certificate of a child born to a lesbian couple.

Indiana birth certificates list only the mother and the father.

Eight lesbian couples sued, seeking the right to include both mothers: the birth mother and her partner.

They argue the state’s current system sometimes denies them the right to give the child both last names and denies parents – and the children – certain rights and access to benefits.

The state had argued same-sex partners should go through the adoption process.

But the couples noted that was both lengthy and expensive -- and federal judge Tonya Walton Pratt agrees.

Pratt says denying both same-sex spouses the right to be on a birth certificate leaves the child in what she calls the “vulnerable position” of having only one legal parent.

In a statement, the Attorney General’s office says it hasn’t decided whether to appeal.