Gay Dads lose the Right to put names on their son's Birth Certificate

In Louisiana, Oren Adar and Mickey Ray Smith lost the battle to put both names on their son's birth certificate.

The 5th U.S. Circuit Court of Appeals said Tuesday that a Louisiana registrar's insistence that only one father's name can go on the certificate does not violate the child's right to equal protection under the law; nor does it deny legal recognition of the New York adoption by both men.

An attorney for the gay rights group Lamda Legal said the complex 72-page decision would have to be analyzed before a decision would be made on whether to appeal.

"These are certainly the types of claims that might interest the U.S. Supreme Court," said Ken Upton of Lamda Legal's Dallas office.

In Louisiana, adopted children get new birth certificates with their new parents' names on them. However, the state does not allow adoptions by unmarried couples. The state contends that putting both men's names on the birth certificate would violate state law.

 This is not fair. They are his parents they should be able to claim him as their child.

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