Arkansas Supreme Court: Same-Sex Spouse's Name Can’t Be in Birth Certificate of Adopted Children

By Suzette Gutierrez-Cachila
Same-Sex Wedding Cake
Two bride figurines adorn the top of a wedding cake during an illegal same-sex wedding ceremony in central Melbourne.  Reuters/Mick Tsikas

The Arkansas Supreme Court ruled last week that only the biological parents’ names of a child should be listed in the birth certificate, blocking the names of same-sex spouses even if they would adopt the child, in order to “acknowledge basic biological truths.”

The decision reversed a 2015 ruling by Judge Timothy Davis Fox of Pulaski County Circuit Court that identifying only the child’s biological parents is a violation of the rights of same-sex couples.

Three married female couples who had children within their marriages complained when the Department of Health wrote the mother’s name on the birth certificate but refused to write the name of the same-sex spouse.

The Department of Health was acting in accordance with state law that requires them to write the father’s name even if the same-sex couple was adopting the child. The three female couples filed a lawsuit challenging this state law, citing Obergefell v. Hodges, which upholds the constitutional right of same-sex couples to marry, according to CNS News.

However, the Arkansas Supreme Court said Obergefell v. Hodges dealt with marriage. The present case was about parentage, which was a totally different argument.

"The statute centers on the relationship of the biological mother and the biological father to the child, not on the marital relationship of husband and wife," Arkansas Supreme Court Associate Judge Josephine Hart wrote. "[It] does not run afoul of Obergefell."

Judge Hart also said acknowledging “basic biological truths” is not a violation of the same-sex couple’s constitutional right.

“In the situation involving the female spouse of a biological mother, the female spouse does not have the same biological nexus to the child that the biological mother or the biological father has. It does not violate equal protection to acknowledge basic biological truths,” she wrote.

Hart further emphasized the importance of identifying the biological parent for medical purposes, such as gathering necessary genetic information and tracking public health trends.

This was in line with an affidavit from the state health department that recording the biological parents in a child’s birth record is “critical to ADH’s identification of public health trends, and it can be critical to an individual’s identification of personal health issues and genetic condition,” 5 News reported.

Arkansas Chief Justice Howard Brill said that with the changing times, it may be time for the three branches of the state government to review the legal implications of same-sex marriage.

"All three branches of the government must change accordingly,” Brill said. “It is time to heed the call.”

  • [Exclusive Interview] A revelation within the brink of life and death — Meg Leung’s mission in Christian art

    Meg Leung (梁麗橋), an artist with a lifelong love for watercolor painting, sees her art as more than a means of expressing her inner world; it is a bridge connecting her to God. Her artistic journey has revealed God’s perfect plan and inspired her to communicate the power of faith through her wor

  • Transgenderism a fundamental human right? Hong Kong public disagrees, survey finds

    A 2024 survey from the Society for Truth and Light (明光社)'s Center for Life and Ethics Research reveals that respondents from various backgrounds prioritize personal safety and fairness when it comes to transgender issues. When laws involve moral judgments, most respondents believe courts should not make the decisions. The study also indicates that religious believers share similar views with non-religious respondents, reflecting that many churches may rarely address gender topics in depth.

  • Discipleship and Evangelism: Walking the Path of the Great Commission

    Like an ever-flowing spring, the gospel refreshes dry, parched lands and needs our unwavering passion and steadfast faith to transform lives and bring renewal. The "flame in our hearts" calls Christians to keep their faith and love for the Lord ablaze, representing the work and power of the Holy Spirit, driving us to proclaim God's glory boldly.

  • North America Chinese Evangelical Seminary year-end report highlights significant ministry progress

    As the year draws to a close, Rev. James Liu, President of the Chinese Evangelical Seminary North America (CESNA), reflected on the seminary’s remarkable growth and ministry development over the past year. Dedicated to providing theological education to Chinese Christians, CESNA continues to uphold its mission to remain faithful to the gospel and nurture believers. This year’s achievements span academic, ministerial, and outreach endeavors, fostering spiritual growth and advancing missionary wo