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The ACLU of Virginia reported today that the Virginia Department of Vital Records has failed to comply completely with a state Supreme Court ruling requiring the issuance of new birth certificates for adopted children of same sex couples. Although Vital Records has followed the April 2005 ruling of the Court by issuing new birth certificates to same sex couples, the final documents list one parent as father and the other as mother.
The ACLU of Virginia has asked the state Attorney General to order Vital Records to list both parents as father or both as mother, depending on their gender.
The lawsuit dates back to 2002, when several same-sex couples sought new birth certificates for their adoptive children born in Virginia. Under Virginia law, the Department of Vital Records must, upon request, create new birth certificates for adopted children in which the adoptive parents’ names are substituted for those of the birth parents.
Ordinarily, such requests are handled through a simple administrative procedure. But Vital Records refused, claiming, among other objections, that the form it uses was not designed to accommodate the names of same sex parents
In April, the Virginia Supreme Court held that the Virginia law on vital records requires that new birth certificates be issued to all adoptive parents, regardless of sexual orientation.
“We’re having to pull teeth one at a time from the Department of Vital Records,” said ACLU of Virginia executive director Kent Willis. “First they wouldn’t issue birth certificates at all for families with same-sex parents, and now they are refusing to modify their form to accurately reflect the gender of the parents.”
“This is an unfortunate sign that the deep prejudice against gays and lesbians that exists within the Department of Vital records remains unchanged,” added Willis.
Because Virginia does not allow same sex couples to adopt, the issue of entering names of gay or lesbian couples on new birth certificates does not typically arise. In this instance, however, the children where born in Virginia, but adopted by same sex couples under the laws of the District of Columbia and New York. Only the Virginia Department of Vital Records has the authority to issue the new birth certificates.
Lawyers representing the plaintiffs in the case are Rebecca K. Glenberg, legal director of the ACLU of Virginia; Michael Ward and David Lubitz with Swidler Berlin Shereff Friedman, LLP, Washington, D.C.; and Michelle Zavos, Washington, D.C. The case is Katherine Anne Fisher Davenport et. al v. Deborah Little-Bowser et al.
ACLU of Virginia Contacts: Kent Willis, Executive Director Rebecca K. Glenberg, Legal Director 804-644-8022