Two fathers filed a petition with the U.S. Supreme Court to review their case after they initially succeeded in challenging the state registrar's decision to omit one of their names on their adopted son's Louisiana birth certificate.
The full fifth circuit court of appeals then moved to rehear the case and subsequently issued a decision (Download 5th-CA-Adar-v.-Smith-09-30036) holding that the state registrar could decide, based on Louisiana law, to not place both of the child's parents on his birth certificate. The holding centered on the appellate division's decision that the the state registrar's conduct did not violate the U.S. Constitution's Full Faith and Credit Clause.
On July 11, 2011, the adoptive parents filed a petition with the U.S. Supreme Court asking them to reconsider the appellate division's decision. The petition is available for review here Download Adar-petition-11-46-filed-7-11-11.
In my opinion, the Full Faith and Credit Clause should clearly be followed and the State of Louisiana compelled to issue a correct birth certificate. However, a negative decision approving of Louisiana's conduct as in compliance with the Full Faith and Credit Clause could cause other states to follow Louisiana's lead and encourage states to further discriminate against adoptive parents.
Additional information on the appellate division decision available here by clicking this sentence.
