Adar, et al v. Smith, 639 F.3d 146 (5th Cir. 2011), rev'g., 591 F.Supp.2d 857 (E.D. LA 2008), cert. den., 132 S.Ct. 400 (U.S. Sup. Ct. 2011)

(plaintiffs, homosexual males, cannot be named on birth certificate of child they adopted in New York; state (LA) law bars all unmarried couples (whether adopting in-state or out-of-state) from adopting children in Louisiana - child was born in LA and plaintiffs living in CT at time emergency adoption decree obtained in NY state court; defendant, LA registrar, offered to list one plaintiff on birth certificate, but plaintiffs refused alleging violation of constitutional rights; no violation of either Full Faith and Credit Clause or Equal Protection Clause; state law does not necessarily operate as that state's law when it is attempted to be applied by another state - the manner in which LA enforces out-of-state adoptions does not deny plaintiffs' full faith and credit of other state's law; LA's treatment of adoptive children of unmarried persons differently from adoptive children of married persons does not violate equal protection, but serves a legitimate governmental interest and the state's rational preference for stable adoptive families - the state can rationally conclude that having parenthood focused on a married couple or single individual rather than the freely severable relationship of unmarried persons furthers the interests of adopted children). 

CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.

RSS​ Facebook Twitter