Posted on 03/20/2009 12:11:23 PM PDT by pissant
NEW ORLEANS—Louisiana has 15 days to add the names of both fathers to the birth certificate of a boy born in Shreveport and adopted by a gay couple from out-of-state, a federal judge has ruled.
The state is asking the 5th U.S. Circuit Court of Appeals to overturn the ruling by U.S. District Judge Jay Zainey, and to halt the order in the meantime, state Attorney General Buddy Caldwell said Thursday.
"The federal district court has significantly misinterpreted Louisiana vital records law, forcing Louisiana to import and adopt New York law," he wrote in a brief e-mailed statement.
Oren Adar and Mickey Ray Smith, who now live in San Diego, but adopted the boy in New York state, want both their names on his birth certificate.
State officials say that's illegal because, under Louisiana law, two single people cannot adopt a child. Zainey ruled in December that because the adoption became formal in New York, the Office of Vital Records must recognize that state's adoption law on the matter.
(Excerpt) Read more at mercurynews.com ...
no I just simply stated only the legal mother and legal father remain on the record.
since homosexuals can not adopt then they would never be listed. In addition if the father is unknown then the father is listed as unknown as is now.
Only one male and one female on any birth certificate.
IOW if a homosexual woman gives birth and via I.F. and she “marries” in massachusettes the father is listed as unknown. It does NOT put the homosexual fetish partner on the birth certificate.
The homosexuals’ recreational sex life has no place on birth records.
Agreed, but how do we reconcile this in regards to the CHILD in question? As far as I’m concerned tampering with legal documents such as birth certificates making it appear as if the information contained therein has never been altered is Unconstitutional in ALL STATES.
Simply leaving adoptees birth certificates the heck alone would very easily solve this problem, wouldn’t it?
I don’t need to “look at the issue” again. It’s the equivalent of the feds telling LA to put a horse on the birth certificate.
I hate to burst your bubble, but homosexuals HAVE the right to adopt in several states.
You either treat ALL ADOPTEES the same, or you stop altering our records in the first place, PERIOD. When it comes down to it this is more about MY RIGHTS as an adoptee to know the TRUTH of my biological origins than it has ANYTHING to do with who adopted me...
So how does *MOM* fit into this equation????
Or is MOM just an egg and oven donor?
No wonder our world is going to hell in a *Gay Hand Basket*
The PURPOSE under the law for altering a birth certificate for an adoption is to essential conceal the adoption. If two homosexuals are listed on the document then it is 100% certain at least one of them, if not both, had NOTHING TO DO WITH THE BIRTH OF THE CHILD.
Revealing a child was adopted is up to the parents. If a woman uses I.F. or if a man pays a surrogate mother to gestate a prefertilized egg, then they have given up on listing the mother or father as “known”.
One mother, one father period.
Every person I have ever known in my life who has been adopted, no matter how much they have had a loving adoptive
Mother and Father, has always wanted to know who thier biological parents were, and some have spent much time seeking them out..
It is *NATURAL* for any person to want to know where they come from, the woman who carried them to life, the father that is the other half in why they were born.
It is UN-NATURAL for 2 people of the same sex to pollute and hijack the GOD GIVEN rights and meaning of *FAMILY*
Oh c’mon now you’re just being ridiculous - comparing a human legal guardian to listing a different SPECIES as a parent???
I fully recognize the States’ Rights issue involved here, and I’m more than willing to discuss these issues — hence why I asked the question about how LA treats OTHER out-of-state adoptions from New York - SPECIFICALLY HOW IT TREATS HETEROSEXUAL UNMARRIED COUPLES who adopt out of state. If the Feds have allowed Louisiana to make some sort of an exception for refusing to alter the records of those children adopted by unmarried heterosexual couples, and only now are they saying that LA can’t do that because these men are gay - I WILL AGREE COMPLETELY THAT IT’S AN OVERSTEPPING OF THE FEDERAL GOVERNMENT!!!
We are talking about citizens being recognized the same under laws they are subject to. That IS a factor here whether you want to admit it or not.
Don’t you think I KNOW how ridiculous it is to list one of these gay men as this child’s “MOTHER”???? Please keep in mind — I AM ADOPTED. I can’t IMAGINE the horror of looking at a birth certificate that listed two men, or two women as my “biological parents”.
six states have prohibitions and the 11th DCA has upheld FL’s prohibition of homosexual adoption.
This is about the homosexual using full faith and credit to push their pointless lifestyle upon the other states. The state should only be required to list the legal father of those two homoseuals and the mother is listed as “unknown”. This is a birth record. The guardianship can be the homosexual’s sex partner.
Sorry but the law was a legislative creation. There is no adoption at common law and thus this is narrowly construed. The purpose of altering the birth certificate is to CONCEAL the original mother and the original father. It is about the legislatures desire on society not about you as an adopted child.
It is all about who adopted you. Adoption essentially creates a new bloodline via a legal graft. It is also about the adoptive mother and the adoptive father to be secure in the adoption that the child will never discover the truth unless told. (or something medical causes a revalation)
Homosexuals by the very nature of their behavior have no such ability or validity. As an adopteee you have no rights to find out your biological past absent a court order to find out who your mother or who your father was.
Let the State of NY give him the phony birth certificate.
“Revealing a child was adopted is up to the parents.”
OH BOY...
Are you saying that you believe it’s moral, and legal to LIE to an ADULT even when the result of that lie could SERIOUSLY affect that person’s PHYSICAL health? It’s wrong, and immoral. It shouldn’t be up to the adoptive parents to decide these things...
You may have the “legal” right to lie to me, and use the government to aid you in your deception until I turn 18, but you do NOT have the right to conceal the truth from me once I am an adult. And morally, you don’t have the right to EVER lie to your child about something as crucial as this... IT IS ABUSE, and NEGLIGENCE as it prevents an adoptee from getting proper medical care THROUGHOUT THEIR LIFE...
I have a feeling you and I are going to have to agree to disagree right there or this will get nasty in a hurry, and I have no desire to ruin my day trying to explain to you something that affects me PERSONALLY and that I deal with every day of my life health-wise...
It seems that one of the reasons this bothers you so much is because this adopted child won’t be ABLE to be lied to...
If he goes to public school, there's no guarantee what he'll believe.
I’m taking a break from this thread so I can calm down and focus on something perhaps I CAN change like THE FORCED LABOR CAMPS Obama wants to put my children in...
I would urge everyone on this thread to seriously consider the issues I’ve brought up on this thread. Perhaps the silver-lining in this case is that more people will be educated on how adoption laws actually work, and how they affect the ADOPTEES who are NOT perpetual CHILDREN as some people seem to think we should be treated...
I pray the Lord will open people’s eyes on this issue — after all if Mary & Joseph had lied to Jesus about the circumstances around his conception and birth, and deceived Jesus into thinking Joseph fathered him, just like every other child in the world, then there wouldn’t even be any such thing as CHRISTIANITY!
LOL — That was good... You actually made me laugh in spite of my extremely raw emotions right now! THANK YOU. :)
“This is a birth record.”
Do you realize how funny that sounds to me? You want this child’s BIRTH certificate to state his MOTHER is “UNKNOWN”. This is rich...
OK, now I really am taking a break. I MAY come back once I’ve gotten some air, but I don’t wish to start fights with my fellow conservatives right now when we are dealing with much bigger issues in Washington at the moment...
you did not read my post where I clear stated medical and where a court order could reveal as has been done with medical emergencies. (ie bone marrow)
now you are just going into red herrings.
here we have no such situation.
We have two men who share a sexual fetish who wish to have a birth certificate reflect a biological impossiblity. The child (adult or otherwise) only has one mother and one father at a time.
even in cases where a step father wants to adopt a child the natural father has to be dead or legally have the rights terminated by order of the court.
Newsflash the law is very clear. Adoption records are close absent an order of the court. Holding your breath and stomping your feet will not change that no matter how old you are.
Homo fruits.
newsflash if a man buys an egg and uses a surrogate mother, so she will have no custody claim, the certifical will list the mother as unknown.
the law is pretty straight on that.
Maybe I should just keep my mouth closed as you seem to know so much more than I about something that affects me PERSONALLY.
I went through 16 years of my life using my ADOPTED family’s medical history as my own. In trying to cover-up my adoption (which you have said should be up to the parents), my parents created a situation in which my DOCTORS were using FALSE information to make MEDICAL DECISIONS! It’s not just about bone marrow — and you do know that many, many judges won’t even open the records then, right?
How can you even say that these issues don’t affect this child, too?
This is not a “Red Herring”. These are real and valid issues that effect EVERY adopted child — including this young boy.
You keep bringing up these men’s sexual perversion as if that should affect the laws on the books one way or another...
I agree this is a totally messed up situation, but you cannot pretend that the issues I have brought up do not apply here.
Newsflash: Many states have overturned closed records laws over the last few years as UNCONSTITUTIONAL, and more will follow. And holding your breath and taking a superior tone with me as if you are MY parent won’t change it, no matter how much older than me YOU are!
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