The U.S. 7th Circuit Court of Appeals affirmed a decision that it is unconstitutional for laws in Indiana to dictate who can be named a parent of a child on a child’s Indiana birth certificate. The ruling was originally made by judges in the federal Southern District court in Indiana. Indiana Attorney General Curtis Hill appealed to the Supreme Court for a reversal of this decision. Earlier this year, an Indiana same-sex couple was granted the right to have both of their names listed as parents on the birth certificate of their child.
The original case was brought to the Southern District court by Ashlee and Ruby Henderson. When Indiana’s health commissioner and officials with Tippecanoe County refused to include both Ashlee and Ruby’s name on their child’s birth certificate, they sued. According to the county, the software used for birth certificates didn’t have the functionality to list two females as parents on the document.
The Hendersons’ original birth certificate only listed Ruby as a parent. When the couple decided to pursue a suit, they were joined by seven other couples as plaintiffs. The 7th Circuit justices said that allowing both individuals in a same-sex marriage to be listed on their children’s birth certificates prevented any discrimination.
What is Indiana AG Curtis Hill’s Petition?
Indiana AG Curtis Hill has petitioned the U.S. Supreme Court to overturn the decision on the basis that it defies common sense and will make parental rights based on biology unclear. If a birth-mother’s wife is allowed presumptive “parentage” then it violates and undermines a biological father’s rights to the child.
This is not the first time the U.S. Supreme Court saw a case similar to the Hendersons’. In 2017 the SCOTUS took on a case out of Arkansas that had a same-sex couple wanting to have both of their names listed on their child’s birth certificate. The SCOTUS ruled in their favor and observed that both parents must be allowed to have their names listed on their children’s birth certificates because otherwise, it would undermine their rights as a married couple.
Speak With an Indiana Family Law Attorney Today
Christopher L. Arrington is a dedicated and experienced Indiana family law attorney who is committed to helping families achieve their most desirable outcomes when it comes to many complicated family issues including:
- Divorce and collaborative divorce
- Child custody and parenting time
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If you have an Indiana family legal matter, Christopher L. Arrington can provide assistance. Christopher L. Arrington is passionate about helping families come to an agreeable resolution for their situation and to work through complex and in some cases, highly emotional family circumstances. To schedule your free consultation with Christopher L. Arrington, a Danville family law attorney, call (317) 745-4494 today.