 |
 |
| Katherine Anne Fisher-Davenport (left) was the lead plaintiff
on the adoption case ruled on by the Virginia Supreme Court. Here she’s
pictured with her family, fathers Scott Davenport (right), Timothy
Fisher (top center) and brother Cameron Fisher-Davenport.
|
|
|
| | |
| |
|
|
| | |
HOME > NEWS > LOCAL
By: EARTHA MELZE COMMENTS
 
The Virginia Supreme Court ruled on April 22 that the state must issue birth certificates
to same-sex parents who have adopted children born in Virginia.
The case of Katherine Anne Fisher-Davenport, et al vs. Deborah Little-Bowser,
et al involved three sets of adoptive parents and their four children, all of
whom live outside of Virginia.
The parents in this case adopted the children in D.C. and New York, which,
unlike Virginia, allow same-sex partners to adopt a child jointly.
After their adoptions were finalized, each of the couples requested that the
Virginia Department of Vital Records issue a new birth certificate listing both
parents’ names.
In each case the Vital Records office refused to issue new certificates with
both parents’ names and offered instead to issue a certificate in one
parent’s name.
This was not acceptable to the parents who insisted that they needed both parents
listed on the birth certificates.
According to a brief filed in support of the plaintiffs by Professor Joan Hollinger,
one of the principal authors of the Uniform Adoption Act, children without both
parents listed on their birth certificates may have difficulty getting a U.S.
passport, enrolling in school, obtaining medical treatment, inheriting from
his or her adoptive parents or proving that the child is eligible for Social
Security and other state and federal benefits.
The families filed suit in Richmond Circuit Court. They argued that the Department
of Vital Records should follow the statute that requires new birth certificates
be issued to all adopted children.
In February 2004, Richmond Circuit Judge Randall G. Johnson sided with the
Department of Vital records ruling that requiring the state to list the names
of the children’s adoptive parents on new certificates directly conflicts
with Virginia’s policy prohibiting joint adoption by unmarried couples.
In their appeal to the Supreme Court, lawyers for the families argued that
Vital Records was violating not only the statute on birth certificates, but
that their refusal to issue the certificates violated the Full Faith & Credit
and Equal Protection clauses of the U.S. Constitution.
The Virginia Supreme Court chose to rule on the narrower of the issues —
the state statute. The court ruled that where there is a report of an adoption
the state has to issue a new certificate.
In response to the court’s decision Judith Williams Jagdmann, the attorney
general of Virginia, issued the following statement:
“We are disappointed that the Virginia Supreme Court rejected the Commonwealth’s
position. Fortunately, the decision does not create a substantive constitutional
right, but is merely an interpretation of a statute which can be corrected by
the General Assembly.”
Sen. Emmett Hanger (R-District 4), chair of the Rehabilitation & Social
Services committee said that he would support changing Virginia law so that
it would not require that the state issue birth certificates to same-sex parents.
Hanger said that he expects such legislation to be referred to his committee
and that he would, “patron the legislation myself in order to make Virginia
law consistent on this issue.”
“It would be very unfortunate if the legislature tried to change the
statute because the people who are most hurt by the Department of Vital Records
stance on this matter are the children who were adopted out of state,”
Glenberg said. “Virginia might have its own feeling about these adoptions
but they did take place. Children have a right to have both parents on their
birth certificate.
“Our position will be that all legislation that doesn’t treat children
adopted by same-sex couples the same as any other children is unconstitutional.”
“It’s appalling that people who profess to support children and
strengthen families would make it so difficult to get something so simple,”
said Tim Fisher, one of the parents in the case. Fisher’s children are
now 15 and almost 13 and his family has been trying to get birth certificates
for almost 13 years.
Eartha Melzer can be reached at emelzer@washblade.com.
| 
