Iowa same-sex couple sues after death certificate omits one parent

Feb 09, 2012 16:20


A same-sex couple has filed suit against state health officials, arguing they wiped out one of the names of a parent on a death certificate for their child.

TW: Child Death )

excuze me wtf r u doin, iowa, lgbtq / gender & sexual minorities

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missmurchison February 10 2012, 00:18:19 UTC
This is my local paper and after I saw that article yesterday I did some research. Iowa law states that a biological mother's spouse is the presumptive father of a child. This is true even if it is impossible for the husband to be the biological child. (I think there was a case where the husband had been in the military and out of the country during the time when the baby could have been conceived.) So there's no basis for this other than the fact that regulations refer to the "father" and "husband." Oh, and "administrative burden," because changing a couple of words on a form is incredibly difficult in the computer age.

There is another case, which Lambda Legal won in the lower courts, where the plaintiffs are a married couple who were told the non-biological mother would have to adopt the child. I'm angry that the state is actually appealing that decision.

This will be resolved. Lambda Legal proved their competence when they brought the suit that resulted in the legalization of equal marriage, and they've once again found sympathetic plaintiffs. But I feel so sorry for the parents of the stillborn child.

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