The Louisiana attorney general has asked a federal judge to reconsider his ruling that both fathers’ names be added to the birth certificate of a boy born in Shreveport and adopted by a gay couple from out of state.
The AP reports that court papers filed Wednesday in New Orleans ask U.S. District Judge Jay Zainey to hold a full trial or ask the Louisiana Supreme Court to interpret the state law at the heart of the matter.
Zainey ruled without a trial in December, saying the facts are so clear that none was needed. He ordered the state Office of Vital Records to put the names of Oren Adar and Mickey Ray Smith on the amended birth certificate that is standard for adoptions.
The mother gave them custody of the boy, identified in court papers as “J.C. A.-S.” and “Infant J,” shortly after his birth in late 2005. The adoption became formal in April 2006 in New York, where officials decided earlier this month that same-sex couples could list both their names on their children’s birth certificates.
Under Louisiana law, a single person or a married couple may adopt a child but two single people may not.
However, Zainey ruled that because the adoption became formal in New York, the Louisiana Office of Vital Records must recognize that state’s adoption law on this matter.
Smith and Adar said that because they didn’t have a birth certificate for their son, they had problems getting him insured through Smith’s health insurance and were detained at an airport because a security guard thought they had kidnapped the boy.
The child is black; Smith and Adar are white.