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Adoption News - 4 - Lesbian Couple from Vermont
Prevails in an Adoption Suit Burlington Free Press, April
7, 2003
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Lesbian Couple from Vermont
Prevails in an Adoption Suit Burlington Free Press, April
7, 2003
Montpelier, Vt. (AP) - A
lesbian couple from Vermont have won a fight to have both
of their names listed on the birth certificate of a boy
adopted from Mississippi five years ago.
A Mississippi judge this
week ordered the State Bureau of Public Health Statistics
to issue a revised birth certificate reflecting the name
of the boy and his parents, Holly Perdue and Cheri
Goldstein or Worcester.
If the ruling stands,
"we can get him a passport; we
can register him in school, we can get him a social
security number", said Perdue,
who adopted the boy as a newborn. "And
he can go to Canada for the baseball game."
Perdue and Goldstein
filed suit in the fall of 2001 in Hinds County Chancery
Court asking the judge to order the state to issue the
birth certificate showing them as the boy's
adoptive parents.
New York-based Lambda
Legal Defense and Education Fund, a gay rights advocacy
group, and a Mississippi attorney represented the couple.
The Bureau of Public
Health Statistics held up the issuance of the birth
certificate because they noticed on documents that both
adoptive parents were female.
But in his decision,
Judge William Hale Singletary said there was nothing in
state law at the time of the adoption saying what gender
the parents should be. Mississippi has since outlawed
adoptions by gay couples.
"...the
Bureau has no discretion to deviate from the statue's
terms," Singletary wrote. He
granted Lambda's request for a
summary judgment in the case, and ordered the bureau to
deliver the revised birth certificate to the Mississippi
lawyer for Perdue and Goldstein within 10 days of the
decision.
"(The
Child) was lawfully adopted in Vermont and that adoption
is due the recognition of the courts and administrative
agencies of Mississippi," the
judge wrote.
The validity of the
adoption was never at issue in Vermont, where a court
approved it in April 2000.
Peter W. Cleveland, the
lawyer who handled the case for the Mississippi attorney
general's office, said Wednesday
that state had not decided if it would appeal.
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