ACLU’s FAQs About NC’s New Guidelines Regarding Birth Certificates for Children of Married Same-Sex Couples

The ACLU has issued a new fact sheet regarding birth certificates for children of married same-sex couples. The fact sheet answers questions such as:

  • If we get a birth certificate that lists both of us as parents, does that establish that we are legal parents? Do we still need to do a step-parent adoption or take other action to ensure that we will both be recognized as legal parents of our child?
  • What if we’re a married male couple having a child through a surrogate? Do the new guidelines allow both of us to be named on the birth certificate?
  • What if we aren’t married? Can we still both be listed on the birth certificate?
  • What if we jointly adopted a child who is not the biological child of either spouse?
  • Can we get a birth certificate listing both of us if our child was born prior to our marriage?
  • What if our child was born after we married but before North Carolina recognized our marriage and, therefore, we already obtained a birth certificate naming only the biological parent?

Download the PDF with the answers to all of these questions here: N C birth certificates FAQ

Obtain the form for amending a birth certificate here:

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