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Couple sues to get 2 moms on birth certificate

Published:Thursday | July 16, 2015 | 7:00 AM

SALT LAKE CITY (AP):

A married lesbian couple who sued after Utah officials refused to put the names of both women on their new baby's birth certificate were expected in court yesterday, as similar disputes pop up around the country in the wake of the US Supreme Court legalising same-sex marriage.

Angie and Kami Roe of West Jordan say they want state officials to treat wedded lesbian couples the same as heterosexual couples who use artificial insemination to have children.

Yesterday, the Roes asked US District Judge Dee Benson to issue the birth certificate and order the state to include names of both mothers on birth certificates for other lesbian couples.

State law automatically recognises a husband as a father in assistant reproduction cases, but the Utah attorney general's office contends that doesn't extend to same-sex couples because child bearing is legally different from marriage.

"It is a fact that a non-biologically related female spouse can never be the biological father of a child," state attorneys wrote in court documents. "It is a biological impossibility for a woman who does not give birth to a child to establish paternity of a child through the act of birth."

The Roes sued after hospital staff members refused to take their birth certificate paperwork shortly after Kami Roe gave birth in February and Utah officials told them one mother must adopt the baby as a step-parent.