Birth Certificate

Kansas Courts Won’t List Same-Sex Parents on Child’s Birth Certificate. Two women in Lawrence, Kansas, are suing the state for refusing to list both of them on their child’s birth certificate. Jessica Smith and Casey Leeann Farmer Smith are proud parents to a baby boy who was born in September. They were legally married in 2013 in the state of California, and the baby was later conceived via artificial insemination. Casey Smith gave birth to the baby on September 16. They asked the hospital to list both of them as the baby’s parents, but the hospital would not do it.

After the hospital refused to list the two mothers on the birth certificate, they filed an emergency appeal with the Douglas County District Court. The same day, the court ruled that the two mothers were to be listed on the birth certificate. However, the Kansas Department of Health and Environment (KDHE) said it did not have the opportunity to respond to the order, so they did not issue the certificate. The couple’s attorney was told that they could simply go through the process of adoption to get both of their names on the birth certificate; however, it was not something the couple was willing to do. It didn’t make sense to them to adopt a child who was already theirs.

Kansas Law

Until the Supreme Court ruling back in June, Kansas did not recognize same-sex marriages. However, now it is illegal for them to discriminate against any same-sex couple, and that includes things like listing two mothers or two fathers on a child’s birth certificate. Kansas is generally a conservative state; however, the city of Lawrence is one of the most liberal towns in America. Most people support the Smiths, but some can see how this could be an issue.

• Some feel there could be an issue with listing the two mothers because the child is only biologically related to one of the mothers.
• However, those who argued with this stance brought up adoption and the fact that adoptive parents are listed on children’s birth certificates.

Even if same-sex marriage wasn’t yet recognized in Kansas, many pointed out there shouldn’t be a problem with listing two unmarried parents on birth certificates. After all, a large number of children are born to unwed parents, and that does not mean the parents cannot be listed on the birth certificate. Therefore, it should not matter whether or not a couple is married as long as there is no debate over who the parents are. In this particular case, there is no battle over custody or question about who the two rightful mothers are, so issuing the birth certificate to the Smiths should not be a problem.

Ruling in 2013

Despite the fact that Kansas did not recognize same-sex marriages until this year, there was a case similar to this one back in 2013. The case ruled that a child could have two mothers listed on a birth certificate. In this case, the child had been conceived via artificial insemination as well, and the two women had wanted to co-parent together.

Kansas Statute

Another statute supporting the couple’s case is one involving artificial insemination. The statue states that when a child is born as a result of artificial insemination, he or she “shall be considered at law in all respects the same as a naturally conceived child of the husband and wife so requesting and consenting to the use of such technique.”

Reviewing the Lawsuit

The KDHE has stated that they are currently reviewing the lawsuit. It sounds like this could just be a simple misunderstanding that has been blown out of proportion. It is likely that the KDHE will be willing to list both mothers on the birth certificate, and it won’t be something that causes any issues in the future.