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A same-sex couple legally married in Iowa in 2009 has filed suit against the State Health Department after officials declined to name both women on their child's birth certificate. Heather Lynn Martin Gartner, 38, the biological mother, and Melissa McCoy Gartner, 39, filed last week on behalf of their daughter Mackenzie. The couple also has a son, Zachary, 3.
A same-sex couple legally married in Iowa in 2009 has filed suit against the State Health Department after officials declined to name both women on their child's birth certificate, the Des Moines Register is reporting.
Heather Lynn Martin Gartner, 38, the biological mother, and Melissa McCoy Gartner, 39, filed last week on behalf of their daughter Mackenzie. The couple also has a son, Zachary, 3.
Melissa legally adopted Zachary as he was born before the state recognized same sex marriage. And although the Gartners are legally married in Iowa, she was omitted from Mackenzie's birth certificate.
The lawsuit claims that Melissa could have trouble with every day parenting responsibilities including enrolling Mackenzie in childcare and authorizing medical treatment.
The Department of Public Health rejected the couple's request to add Melissa on grounds that she had not legally adopted Mackenzie and was not biologically related.
Public Health Director Tom Newton, a defendant in the suit, said in a statement that he will fight the claim. He said that current state law only allows the name of a "husband" to appear on birth certificates when the mother is married, unless a judge grants parental rights to someone else.
Newton was concerned that naming a lesbian couple as parents without a legal adoption could jeopardize the rights of a biological father.
According to the Register, the Gartners have asked the judge to declare the department's refusal a violation of their equal-protection and due process rights. They have asked for a corrected birth certificate and want the state to pay for all legal costs associated with the suit.
The lawsuit states that "this disparate treatment denies Mackenzie the dignity, legitimacy, security, support and protections available to children of married different-sex parents."
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