Same-Sex Parents Sue Over Birth Certificate

Same-sex parents in Madison are suing to have both their names on their son’s birth certificate.

Chelsea and Jessamy Torres were married three years ago, and this March, Chelsea gave birth to a baby boy. At the hospital, both gave information for the birth certificate, but when they received the form from the Wisconsin Department of Health Services, only Chelsea’s name was listed.

“It demonstrates that even when a state does have the right to marry, it still may not have all of the other rights and protections that come with marriage,” said Kyle Palazzolo, an attorney for the legal organization representing the Madison couple.

Same-sex marriage is currently legal in 37 states. The U.S. Supreme Court is expected to rule in June whether same-sex couples have a constitutional right to wed.

Palazzolo said birth certificates are important for establishing who is legally a child’s parent for school enrollment and activities, state benefits, health care and other reasons.​