The U.S. Court of Appeals for the Seventh Circuit ruled Friday that, for women who are married to same-sex women, Indiana should include the names of both women on their child’s birth certificate.
The state argued that parents of birth certificates in Indiana were based on biology, not parents. However, the district court ruled that in practice homosexuality, the husband is considered a biological father whether he really is or not, and this disputes the state’s claim. Because this view does not apply to same-sex marriage, the court ruled in the case of Peon v. Smith (a 2017 Arkansas case decided by the US Supreme Court). The birth certificate has the same rights in relation to the identification of the parents of the child.
“Because Indiana registers her husband as a biological parent (when the baby is born during the marriage), even if he does not provide the sperm, he must treat the wife as a parent. You haven’t given an egg. ”
The Seventh Circuit upheld the district court’s decision on those equal considerations. However, other parts of the district court’s decision were overturned. The district court invalidated all three relevant Indiana statutes (Indiana Code Sections 31-9-2-15, 31-9-2-16, and 31-14-7-1), but the appellate court denied it. The void was too broad and aspects of the Constitution “have a proper application.”
However, the conduct is limited, and it leaves open questions regarding marital relationships and “parental rights and duties (if any) of biological fathers, such as sperm donors – in relation to females being married.” The opinion states that these matters are better left to the legislature or to the future in which the biological father is a prosecutor.