The state Department of Health has issued new guidelines that allow two wives to be listed as parents on the birth certificate of their child without getting a court order to do so.
The guidelines, which were issued May 31, have been conveyed electronically to hundreds of hospitals throughout the state.
The guidelines specify that women who are married prior to the birth of their child may have both of their names appear on the child’s birth certificate, as long as one of the women gave birth.
Molly Tack-Hooper, a staff attorney with the ACLU of Pennsylvania, applauded the new guidelines.
“Hopefully this official guidance will give many LGBT parents peace of mind they didn’t necessarily have before this,” she said. “Gender is no longer part of the equation as far as what you to do to have your name appear on your child’s birth certificate.”
Prior to the new guidelines, many Pennsylvania hospitals weren’t clear on whether two married women had a right to have their names appear on their child’s birth certificate when one of them gave birth, she noted.
“We’ve been in discussions with the state about enacting new guidelines since Pennsylvania became a marriage-equality state in 2014,” Tack-Hooper explained.
The guidelines don’t make any changes for parents who use a gestational carrier, including gay-male couples.
The non-biological parent in a gay-male marriage must still obtain a court order to have his name appear on his child’s birth certificate, the guidelines state.
“Male-parenting couples have to do the same thing now that they had to do before marriage equality because they’re using a gestational carrier, and that changes the equation,” Tack-Hooper explained.
Tack-Hooper noted that simply having your name listed as a parent on a birth certificate doesn’t ensure that your rights as a parent will be fully protected.
“Until the law in this area is more settled, family lawyers will recommend that you do an adoption, even if you’re married and even if you’re both on the birth certificate,” she said.
The new guidance asks that every hospital in the state designate a “contact person” to handle questions about the issue.
Tack-Hooper said anyone with questions or concerns about the new policy may contact the ACLU of Pennsylvania at [email protected].
“If this process breaks down somewhere, we want to know about it,” she concluded.
To file a complaint, visit: https://www.aclupa.org/
Jeffrey Sheridan, spokesperson for Gov. Wolf, issued this statement in response to the new Dept. of Health guidelines:
“Gov. Wolf supports equality for all Pennsylvanians and believes we should extend protections against discrimination to all individuals regardless of sexual orientation, gender or gender identity and expression. The governor also believes we should treat same-sex couples in the same manner as heterosexual couples, and following the 2014 court decision making same-sex marriage legal in Pennsylvania, the Department of Health recently advised hospitals regarding birth certificates for lesbian couples. The governor is committed to making continued progress on behalf of LGBTQ individuals and looks forward to working with the legislature on nondiscrimination.”
Newsletter Sign-up