In Pavan v. Smith, the United States Supreme Court held that a state rule that requires a child’s birth certificate to list the non-biological father if he is married to the biological mother but that does not allow both same-sex spouses to be listed as parents is unconstitutional discrimination that violates Obergefell v. Hodges. Now, children born to same-sex married female couples across the country are receiving birth certificates with both woman’s names on them; yet, we are continuing to see standing challenges in custody cases where a non-biological intended parent’s name appears on the original birth record. The panel will explore how the marital presumption of parentage is being applied to same-sex couples, what significance birth certificates are given in legal proceedings, and how courts are handling adoption petitions where both names are already on the child’s birth record.
Location: Franklin 11
Speakers: Nathan T. Arrowsmith (Osborn Maledon, P.A.); Alana Chazan (Chazan Family Law, P.C.); Rebecca Levin (Jerner & Palmer, P.C.); Shannon Minter (National Center for Lesbian Rights)