Supreme Court Cases Advance Recognition of Rights of Gay, Lesbian Parents
The U.S. Supreme Court’s hearings on two crucial same-sex marriage cases this week has created a media frenzy and raised passions to fever pitch on both sides of the issue.
The U.S. Supreme Court’s hearings on two crucial same-sex marriage cases this week has created a media frenzy and raised passions to fever pitch on both sides of the issue.
The U.S. Supreme Court announced today it will consider the case of California’s Proposition 8, passed in 2008, which stripped California same-sex couples of the right to marry. A U.S. District Appeals Court earlier had struck down Prop 8 on the basis it was unconstitutional. Some LGBT advocates are disappointed with today’s announcement because, had the Supreme Court refused to hear the case, same-sex marriage would have resumed in California almost immediately. The Supreme Court will consider California's Proposition 8 banning same-sex marriage, ruled unconstitutional by a U.S. appeals court, and the constitutionality of the federal Defense of Marriage Act.
The California Supreme Court held in May 2009 that the estimated 18,000 couples who married in California between that court’s marriage equality decision in May 2008 and Prop 8’s passage on November 4, 2008 remain validly married under California law.
If you have not requested an expedited birth certificate, it may take several weeks before your child’s birth certificate is available. Generally a written or online request is required for you to receive your child’s birth certificate, along with confirmation that you are an “authorized” person. You can order the certificate via an online service such as vitalchek.com or directly from the County Clerk or Recorder in the county where your baby was born. We strongly suggest you purchase multiple copies of your child’s birth certificate—particularly if you do not reside in the US or will need to request an amended birth certificate in future. The office will charge a per-copy fee.
Once the birth certificate worksheet is completed, the hospital birth clerk will send it to the vital records office in the county in which your child was born.
In the case of an expedited birth certificate request, ask the hospital birth clerk for the address of the local vital records office, where you will pick up the birth certificate in person. Call before you go to confirm the birth certificate is ready and available for you to pick up.
If you need an expedited birth certificate, as you might if you plan to take your baby home to another country, ask the hospital birth clerk to expedite the birth certificate request at this time. In most cases, you will receive the expedited birth certificate within a few days.
Following your baby’s birth, the hospital birth clerk will complete a birth certificate and birth registration worksheet.
Some states require that the birth registration documents include some information about the surrogate for public health and statistical purposes only, but such information will appear only on the confidential portion of the birth registration; however, the official birth certificate will not contain this information.
If your baby is born in a “pre-birth state,” where pre-birth orders of parentage are permitted for babies born via surrogacy, the birth clerk will use information from the pre-birth parentage judgment we obtain on your behalf. The parentage judgment will direct the registrar to allow you to name the child, as well as list you as the parent(s).
In states where pre-birth parentage orders are not allowed, the process is essentially the same except the birth clerk will eventually use information from the post-birth order we obtain on your behalf. In some instances, the birth clerk will need to send the birth registration to vital records before the post-birth order is obtained; and in these situations, the state’s Vital Records will enter the correct birth registration to show you as the legal parent(s).