Same-sex couple wants birth certificate family law issues decided | Lane & Lane, LLC
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Same-sex couple wants birth certificate family law issues decided

Recently in the United States there have been some changes in family law in regards to rights for same-sex couples. The Supreme Court ruled that states cannot deny marriage rights to same-sex couples and that states must recognize the union. But is that equality in all rights of marriage that citizens have come to expect for opposite-sex couples? New Jersey residents may be interested in these types of family law issues. For example, one issue concerns a same-sex couple's fight in another state to have both parents names on their children's birth certificates.

Two women who have been together for over 15 years were married in Boston before the Supreme Court ruling this year. They have had two children together. In 2013, one of the women gave birth to a daughter and in 2015, the other woman gave birth to a son. Each child has only one name on his and her birth certificate. 

They felt they did not have a fighting chance to get their daughter's birth certificate changed since they were not recognized by the state as being married at that time, but when the same issue occurred on their son's certificate, they say it felt like a slap in the face. Even though there is not a biological connection between one of the mothers, the women were married when their son was born. They tried to get the state to change the certificate to reflect their true family dynamic to no avail. Feeling that their constitutional right for equal protection in their marriage was being violated, the women decided to file a lawsuit against the state.

These types of family law issues are budding across the country. Since these marriage laws are so new, it can be challenging to keep up. An experienced lawyer in New Jersey can help couples understand and fight for their constitutional rights.

Source: tampabay.com, "Lawsuit by same-sex couples says Florida refused to name both parents on birth certificates", Kathleen McGrory, August 13, 2015

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