In a case brought by the ACLU of Virginia on behalf of four children adopted by same-sex couples, the Virginia Supreme Court ruled that the Virginia Department of Vital Records must issue new birth certificates for children adopted by lesbian and gay parents and that the new certificates must list both parents.
According to a statement issued by the National Center for Lesbian Rights (NCLR), the Court held that the Department of Vital Records must comply with a state law requiring that new birth certificates be issued to all adopted children. Prior to the decision, the department refused to issue new birth certificates for children adopted by lesbian and gay couples, contending that such adoptions are not permitted in Virginia and violate the public policy of the state. The children in this case were born in Virginia, but adopted by same-sex couples in the District of Columbia and New York.
NCLR assisted Joan Hollinger, a scholar on adoption law, in filing an amicus brief in the case. ‘This is an important victory for adopted children and adoptive families,’ said Hollinger, who is a visiting professor of law at the University of California-Berkeley and one of the principal authors of the Uniform Adoption Act. In her brief, Hollinger argued that interstate recognition of adoption decrees is mandated by the federal constitution as well as by state statute.
Nationwide, more than half the states permit same-sex couples to adopt, according to the NCLR release. In addition, every state has a statute similar to Virginia’s, requiring the state to issue new birth certificates for adopted children who are born in that state.
See www.nclrights.org.