The Associated Press Posted: 03/04/2010 08:56:40 AM PST Updated: 03/04/2010 08:58:20 AM PST
NEW ORLEANS—State attorneys have asked the federal appeals court in New Orleans to reconsider whether both fathers’ names must be on the birth certificate of a boy born in Shreveport and adopted by a same-sex couple in New York State.
The petition filed Thursday says last month’s opinion by a three-judge panel creates a new interpretation of Louisiana law going directly against the state Constitution. The Louisiana Attorney General’s Office wants the full 5th U.S. Circuit Court of Appeals to hear arguments.
Louisiana law allows adoption either by one person or by a married couple. Unmarried couples, same-sex or not, cannot adopt. The state Constitution says marriage can only be between a man and a woman, and legal status substantially similar to that of marriage cannot be recognized for unmarried people.
The boy was born in 2005. His fathers adopted him in New York State, where same-sex couples may adopt. They now live in San Diego, Calif.