[Article] Oklahoma Health department issuing birth certs to same-sex couples

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http://seattlepi.nwsource.com/local/aplocal_story.asp?category=6420&slug=OK%20Gay%20Adoptions

Monday, April 5, 2004

Health department to issue birth certificates to same-sex couples

By SEAN MURPHY
ASSOCIATED PRESS WRITER

OKLAHOMA CITY -- All Ed Swaya wants from the state of Oklahoma is a birth certificate for his 2-year-old daughter with his name on it.

After more than a year of requests and legal wrangling, it appears the Washington state resident will get his wish.

The Oklahoma State Department of Health confirmed Monday it has started issuing birth certificates to same-gender couples in other states who adopt children in Oklahoma. The department's decision comes after an opinion issued by Attorney General Drew Edmondson required the state to recognize adoptions in other states, regardless of whether they involve same-sex couples.

That is welcome news for Swaya and his partner, Gregory Hampel, who adopted a baby girl in Oklahoma two years ago. Although Hampel's name was listed on the original birth certificate, the Health Department refused to list Swaya's name "due to the inability to establish maternity in Mr. Swaya," according to a letter from the department to the couple's attorney.

"Right now it's been mostly an inconvenience for me," said Swaya, who married Hampel in San Francisco in February. "And ultimately, it was an inconvenience for my daughter to need a birth certificate and an adoption decree.

"It felt unnecessary and hurtful."

Timothy Tardibono, assistant general counsel for the Health Department, said the state already has issued one birth certificate to a gay couple in Massachusetts listing both of the parents' names. He said once Swaya and Hampel's request is received and processed, they also will be issued a similar birth certificate.

"Because same-sex adoption is illegal in Oklahoma, we were uncertain how to address an out-of-state adoption," Tardibono said of the delay in providing birth certificates to same-sex couples.

Tardibono said because the format used for birth certificates has not been changed, the document will list Hampel as the father and Swaya as the mother.

Swaya said he doesn't mind being listed as the mother, as long as his name is on the birth certificate. He said without his name, he was unable to get his daughter a Social Security card, which was needed for tax purposes.

Brian Chase is an attorney for Lamda Legal, a national organization committed to protecting the rights of lesbians, gay men, bisexuals and transgendered people. Chase was critical of the health department's delay in granting a proper birth certificate to Swaya and Hampel.

"The Health Department does not have authority to decide who gets a birth certificate or who is a legal parent," Chase said. "The law clearly requires state officials to issue this birth certificate. It's both unlawful and unconscionable to withhold this vital document because of anti-gay prejudice against a child's parents."

But Tardibono said the decision not to issue a birth certificate with both of the parents' names was not based on prejudice, but on an attempt to comply with Oklahoma law.

"We were unsure that we could grant them a birth certificate since the clear public policy in Oklahoma is against same-sex marriage and same-sex adoption. That was the law we were following at the time," Tardibono said. "We're a professional state agency, and we try to treat everyone in accordance with the law."