Lesbian Couple Demands Listing as Child's Parents on Birth Certificate

Life Site News ^ | DES MOINES, Iowa, May 14, 2010 | James Tillman

[GonzoII]

Friday May 14, 2010

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Lesbian Couple Demands Listing as Child's Parents on Birth Certificate

By James Tillman

DES MOINES, Iowa, May 14, 2010 (LifeSiteNews.com) -- Two lesbian woman legally "married" in Des Moines last year have filed a lawsuit against the state health department after it refused to name both women on the birth certificate of one woman's biological daughter.

Heather Gartner and Melissa Gartner filed the lawsuit last Friday on behalf of the infant Mackenzie, who was born last September, with the assistance of the "gay rights" organization Lambda Legal.

Prior to the 2009 legalization of gay marriage in Iowa, Heather and Melissa Gartner had raised a son to whom one of them had given birth; at that time, one of them went through the process of legally adopting the boy.  Later, the couple "married" and filed the paperwork for both to be listed as parents on the newly-born Mackenzie's birth certificate.

However, the Iowa Department of Heath refused and listed only the biological mother, since Mackenzie is not biologically related to Melissa Gartner, and because Gartner had not adopted her.  This refusal was grounded in the belief that the registration of births in Iowa recognizes the biological roles of mother and father.

Tom Newton, director of the Iowa Department of Health and one of the defendants named in the suit, argued that without recognition of this reality, the rights of fathers might go unrecognized.

“It is a biological impossibility for a woman to be a biological father of a child, yet Plaintiffs contend that in all cases of children born to lesbian couples the non-birthing spouse should be entered on the birth certificate as the father with no notice provided to the biological father," Newton said in a statement. 

"While these Plaintiffs may have conceived using an anonymous sperm donor, clearly not all lesbian couples conceive in that manner, and the legal rights and duties of these biological fathers and their children remain in limbo unless an adoption has occurred."

Camilla B. Taylor, an attorney with Lambda Legal, argued that birth certificates had to do with social, rather than biological, reality.

"The purpose of spousal presumption of legitimacy--and Iowa’s birth certificate which reflects the presumption--has always been to protect children from the historic stigma of what was termed ‘illegitimacy’ or ‘bastardy,'" she said. Taylor continued, stating that Iowa's rules "are not about determining genetic parentage, but are about protecting children and their relationships to two people--the spouses, who are most likely to be the people the child considers to be parents.” Taylor also argues that Iowa "stands alone" in its current position.

The suit filed by Melissa and Heather Gartner argues that the process of adoption is "expensive, intrusive, and laborious."

The Iowa Department of Health is willing to name the lesbian guardians of a child as the child's parents if one of them is willing to follow the adoption procedure.

"This process protects the rights of the same-sex couple and their child, respects the rights of the biological parent, and conforms with the Varnum decision," writes Newton.

Same-sex "marriage" became legal in Iowa after the Iowa Supreme Court upheld Varnum v. Brien on April 3, 2009. In this case the Supreme Court held that an Iowa statute defining marriage as only between a man and a woman violated the equal protection clause of the Iowa constitution.

The lawsuit was names as defendants both Tom Newton and Jill France, bureau chief of vital records.

URL: http://www.lifesitenews.com/ldn/2010/may/10051410.html

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[GonzoII]

[rdl6989]

Even if it’s a biological impossibility??? I’m afraid we’re going to see a lot more of this.

[ntmxx]

Nice try for stupidity! There are only two legitimate sexes as a fact; or genetic abnormality.

[Nevermore]

Camilla B. Taylor, an attorney with Lambda Legal, argued that birth certificates had to do with social, rather than biological, reality. "The purpose of spousal presumption of legitimacy--and Iowa’s birth certificate which reflects the presumption--has always been to protect children from the historic stigma of what was termed ‘illegitimacy’ or ‘bastardy,'" she said.

Silly me, I always thought it was a "health" issue.
And now I'm kinda curious, given the Orwellian logic: does the "mother" on the certificate really have to be the mother, or could the mother be the "father"? Maybe that doesn't matter, either, given that it is a "social" document.

[Dallas59]

I’m gonna try to get Bill Gates on my BC...then sue for his cash when he croaks.

[olezip]

However, the Iowa Department of Heath refused and listed only the biological mother, since Mackenzie is not biologically related to Melissa Gartner, and because Gartner had not adopted her. This refusal was grounded in the belief that the registration of births in Iowa recognizes the biological roles of mother and father.

These lesbians are trying to force the Iowa Department of Health to lie on the birth certificate.

These vermin want the government to support their mock marriage with an actual untruth. It is one thing to pretend that a mock marriage is for real. It is quite another to ignore the science and natural law with a false statement. Was there not a male sperm doner?

What will the usually cowardly government do in this case, we wonder?

This is interesting because we are witness to the same warped and twisted reasoning that is used by the warmers, proponents of AGW (man caused global warming).

[Dagnabitt]

I have personally seen a California birth certificate listing two men as the “parents” of the child. This official falsehood was even signed by an RN.

[tioga]

It is not right to play along with a person’s psychosis.

[sodpoodle]

***...protect children from the historic stigma of what was termed ‘illegitimacy’ or ‘bastardy,’” she said.***

That much is true; so we have to understand ‘what is the present-day legal reason to register births?’

Citizenship? DNA? Obtaining SS number? Census?

Expect that new data will include:
Sperm donor? Biological and Custodial parent or parent? Marital status of custodial parents? Sex of each custodial or biological parent?

[elli1]

Heather Gartner and Melissa Gartner filed the lawsuit last Friday on behalf of the infant Mackenzie...

On behalf of???? Gosh, the only scenario I can imagine for a 14 YO Mackenzie is one where the child desperately wants to know who his/her father is.

[SumProVita]

“The first effect of not believing in God that you lose your common sense.” GK Chesterton

Chesterton was correct.

[Venturer]

I don't see the problem.

If a State is stupid enough to recognize a marriage between two men or two women why would it care if one was listed as the father. Place an aster-risk behind the fathers name.

Such as: Father - Mary Jones *TB( Turkey baster), and get on with it.

The marriage is illegitimate in the first place why start worrying about the Birth Certificate.

[fwdude]

Camilla B. Taylor, an attorney with Lambda Legal, argued that birth certificates had to do with social, rather than biological, reality.

"social reality." As in Alice in Wonderland?

[fwdude]

So we see that "marriage" really isn't the ultimate goal of the homo-fascists; they couldn't really care less about the institution, they just want the right to alter and create their own reality and impose it on society.

[usmcobra]

"The marriage is illegitimate in the first place why start worrying about the Birth Certificate."

Sincerely Barak Obama Sr

[libertarian27]

Taylor continued, stating that Iowa's rules "are not about determining genetic parentage, but are about protecting children and their relationships to two people--the spouses, who are most likely to be the people the child considers to be parents.”

That statement just wiped Parents off the map.

Can a child's relationship to two people be protected in the same manner with-say-Ben&Jerry's?

[GonzoII]

"they just want the right to alter and create their own reality and impose it on society."

Sorry for the kid.

[Venturer]

Not for one minute do I believe Barrack Obama Sr. is the father of this usurper we have in the White House.

Frank Marshall did the dirty deed and Obama Sr. was the only black around to lay the blame on. Obama didnt care , he had no intention of being a father anyway and he got some white tail out of it.

[CharacterCounts]

I don't see the problem

Plaintiffs contend that in all cases of children born to lesbian couples the non-birthing spouse should be entered on the birth certificate as the father with no notice provided to the biological father

That's a huge problem.

Look at the details of this: The real purpose of this suit is to terminate paternal rights to the child without notice to the father.