04 January 2016


'Birth Certificates for Children with Same-Sex Parents: A Reflection of Biology or Something More?' by Paula Gerber and Phoebe Irving Lindner in (2015) 18(2) New York University Journal of Legislation and Public Policy 225-275 comments
While same-sex families with children are becoming increasingly commonplace, these family structures are not always accurately reflected on a child’s birth certificate. In most jurisdictions, birth certificates only allow for the inclusion of one mother and one father. This article analyzes the international and domestic laws pertaining to birth certificates to determine whether children with same-sex parents have a right to a birth certificate that accurately reflects their family structure. Who should be included on the birth certificates of children born to a lesbian couple, and how that should happen, has not been the subject of any scholarly research. This article fills this gap by analyzing the international and domestic laws and practices governing birth certificates for children of same-sex parents and identifying best practices when it comes to the information included on the birth certificates of such children.