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On may 31, 2016, the Pennsylvania department of wellness issued guidance come hospitals advising lock that, for pregnant same-sex mrs couples who space married at the time of birth, the hospital must list both spouses together their child’s parents on their child’s bear certificate.

What go this announcement mean?

It method that if you room pregnant and married, the very same procedures and policies around birth certificates apply whether your spouse is a male or a woman. For this reason if you are pregnant and married to a woman, as soon as you give birth, you deserve to put both her name and also your wife’s name on the child’s birth certificate without any questions asked.

If we’re both ~ above the birth certificate, we don’t have to do one adoption, right?

Unfortunately, that’s no necessarily the case. Having actually your surname on your child’s birth certificate is not always enough to totally protect your rights as a parent. Till the regulation in this area is an ext settled, all couples (same-sex or different-sex) who develop using donors need to still do an fostering in order come guarantee full legal acknowledgment for both parents—even if she married, and also even if you both ~ above the birth certificate. 

We space using a gestational carrier. Have the right to we go on our child’s bear certificate there is no a court order?

No. When the mrs who gives birth to a boy is not one of the children intended parents, the plan parents should either attain a pre-birth court order or finish a post-birth fostering proceeding bring about a court order in order come be listed on the birth certificate. 

What type of gender labels are used to recognize a child’s parents on the birth certificate?

Currently, Pennsylvania bear certificates recognize one parent as “mother/parent” and also the other as “father/parent.” Pennsylvania is functioning on transitioning its an important records solution to non-heteronormative language that will label all parents together “mother/father/parent.” as soon as the move to a non-heteronormative mechanism is accomplished, parents will be maybe to obtain birth certificates that will have the new parental labels.

Who should I talk to if ns have an ext questions around birth certificate issues, or if the hospital doesn’t follow this rules?

The room of Health’s current guidance around birth certificates for same-sex mrs couples asks each Pennsylvania hospital to designate a allude person for handling questions about this issue.

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In addition, please call the ACLU the Pennsylvania if girlfriend have any concerns or problems with a hospital recognizing her marriage. If you have questions, you can email united state at info