5th Circuit: La. must put 2 dads' names on record

Associated Press - February 18, 2010 4:04 PM ET

NEW ORLEANS (AP) - The federal appeals court in New Orleans says Louisiana must put both fathers' names on the birth certificate of a boy adopted by a same-sex couple.

Attorney Kenneth Upton represents Oren Adar and Mickey Ray Smith of San Diego. He says that when he called, Adar was registering the boy for school - and had just been asked for a birth certificate.

Assistant state attorney general Kyle Duncan says he will ask the full 5th U.S. Circuit Court of Appeals to hear the case.

A three-judge panel unanimously ordered the state Thursday to create a new birth certificate for the boy, who was born in Shreveport and adopted in New York State.

State attorneys contend that since unmarried couples cannot adopt in Louisiana, only one name could be on the certificate.

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