Inconsistent State Laws Create Adoption Fight in Louisiana
Gay Louisiana fathers Oren Adar and Mickey Ray Smith won a major court battle when a federal judge ordered the state to list both men's names on their adopted child's birth certificate. Though their son was adopted in New York state, a jurisdiction permitting same-sex couples to jointly adopt, Louisiana law prohibits two unmarried people from doing so.
The state's attorney general has already filed an appeal to the 5th U.S. Circuit Court, claiming in his brief that "[t]he federal district court has significantly misinterpreted Louisiana vital records law, forcing Louisiana to import and adopt New York law." He has also asked the court to temporarily halt the ruling until the appeal can be heard.
The fight highlights the difficulty same-sex couples face when inconsistent state laws cast doubt on the legitimacy of marriages, civil unions, adoptions, and other legal statuses when they cross state lines. Before relocating, a family should consult an attorney in their new state to verify that their legal documents will be valid and recognized.
Via Mercury News.
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