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1 Court Case
Court Case
Dec 01, 2016
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  • LGBTQ Rights|
  • +1 Issue

Smith v. Pavan: Birth Records for Children of Same-Sex Couples Pre-Marriage

Same-sex couples who had children before marriage equality was the law of the land filed suit in state court in July 2015 in order to amend their children’s birth certificates to include the names of both parents without having to procure a court order, as the state required, although non-biological fathers in opposite-sex marriages are added to Arkansas birth certificates upon request and without a court order. After a lower court ruled that the Department of Health’s refusal to amend the birth certificates violated the couples’ rights to equal protection, the state appealed to the Arkansas Supreme Court, which overturned the ruling.