5th Circuit: No birth certificate now for 2 dads

Posted on 01 Apr 2009 at 2:17pm
By Associated Press

Appellate court will get briefs on case later this year

NEW ORLEANS — There’s a hold on an order to put both fathers’ names on the birth certificate of a boy born in Shreveport and adopted in New York State by a gay couple.

The 5th U.S. Circuit Court of Appeals will get Louisiana’s legal briefs later this year. It ordered the stay Friday, March 27.

State law lets only married couples or single individuals adopt. Officials say that means either Oren Adar’s name or Mickey Ray Smith’s name — but not both — should be on the birth certificate for the boy. New York law allows such birth certificates.

Attorney General Buddy Caldwell says the case brings up new, complex constitutional questions and is likely to end up before the U.S. Supreme Court.

The men’s attorney says adoptive parents won similar cases in Oklahoma, Virginia and Mississippi.

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