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Valuing a Child’s Best Interest? (Part Two)

A same-sex couple who adopted a boy in New York State were told by a Louisiana official that they couldn’t have the kid’s birth certificate amended to reflect who his legal parents are. (The child  had been born in Louisiana.) Unless that happens, though, the child can’t be added to one of the parents’ health insurance plans.

If any judgment of a sister state would seem an easy case for recognition under the “full faith and credit clause,” it would be adoptions. It’s hard to imagine that even a state that itself prohibits same-sex adoptions — a policy itself not attuned to the crying need for placing children in loving, stable homes — would declare itself to have a strong public interest against recognizing another state’s adoption decree. The decree can’t be undone, so the parents are legally ensconced. By refusing further recognition, as here, a state effectively declares itself indifferent to these kids.

Now, scarce federal judicial resources are being consumed as the state continues to defend its non-recognition policy. A lower court has already ruled against Louisiana, and the matter is now before the federal appellate court, which has just heard arguments in the case. Here‘s a good summary from the website Lambda Legal, which is representing the couple.

Again: How is this refusal to amend the birth certificate to reflect a valid adoption in a child’s best interest — even if such refusal were permissible under the U.S. Constitution’s “full faith and credit clause”?

It reminds me of the great extent that an Attorney General in Australia has been willing to go to in order to challenge two transgendered men’s request to amend their birth certificate to reflect their changed gender.  According to the AG, the request should only be granted if the men can prove they are no longer fertile as women. Why? The AG had only boilerplate blather in response. I guess there’s some fear of another Thomas Beatie, whose pregnancy stirred the alwayss-incredulous tabloids (and some mainstream media, as well). The Salon article on Beatie (linked above) contains thoughtful analysis of why this pregnancy so discomfitted so many people. The simplest reason: We  like our gender boundaries to remain clearly marked out. Beatie, with his masculine identity and appearance seemingly contradicted by his pregnancy, belies such clarity.

But shouldn’t public officials need a better reason for refusing to change a birth certificate in both of these cases? Once the public policy arguments are reduced to “it’s icky,” then where are we? And is this the kind of discretion public officials should get to exercise when it comes to intimate difficult family and personal decisions?

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