Same-Sex Couple
How are same-sex parents named on the final birth certificate? Currently listed as Mother and Father. However, on June 30, 2016, the court recognized a child born to a married same-sex couple to be a child “born in wedlock” thus requiring the birth certificate to list the same-sex spouses. See Henderson and Henderson, et al vs. Adams et al. As of August 21, 2016, those changes have not been administratively implemented.
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Probably.
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Yes, if that is what a court has ordered.
Can a non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Indiana (i.e., neither Intended Parent lives in Indiana)? No
If no, will Indiana Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes
Second Parent & Stepparent Adoptions for Indiana Residents
Note: This situation typically arises if the child is born outside the state. The parents then return to Indiana to obtain a second parent adoption or stepparent adoption in Indiana.
Will courts in Indiana grant second parent adoptions or stepparent adoptions to heterosexual couples living in Indiana? Yes
Does the couple need to be married? No, but the legal process is greatly simplified IF they are married.
Will courts in Indiana grant second parent adoptions or stepparent adoptions to same-sex couples living in Indiana? Yes
Does the couple need to be married? No, but the legal process is greatly simplified IF they are married.