In north Texas, a family court judge ruled that two fathers cannot add their names to their own biological children's birth certificates. The legally married couple, Jason Hanna and Joe Riggs, each fathered one twin boy via surrogate—and they've even proved this with DNA tests.
Despite the tests, the Texas judge has not only refused to allow both Jason and Joe's names on the birth certificates—neither of them are listed as parents at all.
The couple fears that by not allowing them to officially be the parents of their biological sons that it might be easier for the state of Texas to remove the boys from their home.
Biological Dads Will Not Be Listed on Their Sons' Birth Certificates Because They Are Gay
Hanna explained to SiriusXM Progress this week that they had provided the court with DNA test results to prove paternity, but the Texas judge refused to put two men on one birth certificate.
“As of right now in Texas two men cannot be on the birth certificate,” Hanna said. “So our attorney followed the letter of the law. We petitioned the court. We had DNA testing there [in court] and petitioned the judge to ultimately remove the surrogate mother from the birth certificate, who has no biological ties to the boys. We would like each biological dad to be placed on the birth certificate of our own son, and then ultimately proceed to the second-parent adoption. The entire petition was denied.”
The New Civil Rights Movement’s David Badash pointed out that the reason the judge refused to put each father’s name on his biological child’s birth certificates was “because the men are gay and Texas does not recognize same-sex marriage.”
“But even if they were straight, they wouldn’t have to go to court to be listed as fathers — the hospital would just automatically list them as they do every day of the year,” Badash wrote.