Henderson v. Box

Dist. Ct. did not err in entering injunction that required Indiana to treat children born into female-female marriages as having two female parents, who must be listed on original birth certificates. Under Indiana statute (section 31-14-7-1(1)(A), husband of birth mother is presumed to be child’s biological father who is listed on original birth certificate, and instant injunction provides similar treatment for both women in female-female marriages, so as to satisfy Due Process and Equal Protection Clauses. Ct. rejected state’s argument that birth mother must provide name of biological father on original birth certificate, and that any all-male or all-female married couples must use “adoption system” on amended birth certificates, where it would be proper to list both same-sex individuals as child’s legal parents. Ct. also noted that instant case did not decide what parental rights and duties biological fathers such as sperm donors have with respect to children of female-female marriages, and Dist. Ct. erred in invalidating section 31-14-7-1(1)(A) in its entirety.