Virginia to issue new birth certificates

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RICHMOND -- The Virginia Supreme Court yesterday ruled that the state must provide new birth certificates for children born in Virginia and adopted by homosexual couples in other states.

The 5-2 ruling overturned a lower court's decision that the state is not required to issue new birth certificates for such children. It means the state will be required to issue new birth certificates and substitute the names of two men or two women for those of the child's biological parents.

Three same-sex couples filed a lawsuit in 2002 after they were unable to get the state Department of Vital Records to give new birth certificates to their adopted children.

The two male couples adopted the children in Washington, D.C., and now live in Bethesda, Md., and Lancaster, Pa. The other couple adopted in New York, where they still live.

Richmond Circuit Judge Randall G. Johnson ruled in February 2004 that requiring the state to issue new birth certificates with the names of the children's adoptive parents instead of their birth parents conflicts with Virginia's policy of prohibiting joint adoption by unmarried couples.

Virginia law also prohibits same-sex couples from adopting.

"This case is about issuing birth certificates under the provisions of Virginia law," Justice Donald Lemons wrote for the majority. "It is not about homosexual marriage, nor is it about 'same-sex' relationships, nor is it about adoption policy in Virginia."

Joining Justice Lemons in the majority opinion were Justices Barbara Milano Keenan, Lawrence L. Koontz Jr., Cynthia Kinser and G. Steven Agee.

Kent Willis, executive director of the American Civil Liberties Union of Virginia, which represented the couples, said the case is "evidence of the deep bias against gays and lesbians that still permeates our society."

Under Virginia law, the vital records department issues new birth certificates for adopted children in which the adoptive parents' names are substituted for those of the birth parents.