Supreme Court hands down victory for lesbian moms

Nuclear Lesbian Family
Photo: Wikimedia Commons

The Supreme Court has denied Indiana’s petition to hear a case involving the rights for same-sex spouses to appear on their children’s birth certificates, leaving in place an appeals court decision in favor of listing the wife of a woman who gives birth on their child’s birth certificate.

Last month, Indiana Attorney General Curtis Hill asked the Supreme Court to deny same-sex couples the same right of presumed parenthood that opposite-sex couples enjoy. When a child is born to a married, opposite-sex couple, the mother’s husband is presumed to be the father and is listed on the birth certificate, even if there is no proof that he is the child’s biological father, and even if the couple knows he is not because they used a sperm donor.

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In Box v. Henderson, the U.S. Court of Appeals for the Seventh Circuit sided with eight married lesbian couples who had children with the help of artificial insemination, saying that the wives of the women who carried the children should be presumed to be their children’s parents instead of forcing them to adopt the children later.

This is because Obergefell v. Hodges, the 2015 Supreme Court decision that legalized marriage equality in all 50 states, requires that…

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