Judge rules for gay couple in birth certificate lawsuit

January 10, 2012

Iowa: Judge Eliza Ovrom has ended a lawsuit against the Iowa Department of Public Health by ruling that the agency must issue a new birth certificate for 2-year-old Mackenzie Gartner that lists both of her parents. But why didn't the department do this in the first place?

Mackenzie's parents, Melissa and Heather Gartner, are lesbians. Although legally married under Iowa law, they had used an anonymous sperm donor to have the child and the department had refused to list both parents' names. In the ensuing lawsuit, Judge Ovrom pointed to a state law that says if a woman is married, her husband must be legally deemed the father. The judge interpreted this law in light of the 2009 Iowa Supreme Court decision legalizing same-sex marriages. Melissa's name, which was left off of the original certificate, will be added to the new one.