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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