Birth certificate bill, HB02-1356, dies in committee
By Sandra Fish, Staff Writer
Boulder Daily Camera
April 11, 2002
DENVER -- Democrats on the Senate Judiciary Committee on Wednesday killed a bill to ban two female or two male parents being listed on a birth certificate.
House Bill 1356 died on a 4-3 party-line vote after about 40 minutes of testimony and virtually no debate.
That contrasted with a House committee hearing that lasted an afternoon last month. The House later passed the bill 36-28.
"This would have been a tragedy," said Barbara Lavender, a Boulder lawyer who has helped about 40 gay and lesbian families with court-ordered birth certificates.
Boulder District Court apparently was the first in the state to issue same-sex birth certificates under the Uniform Parentage Act, designed to identify and make parents accountable for their children. To date, the court has allowed same-sex parents on birth certificates in about 45 instances.
Same-sex couples say the process gives both parents legal rights of guardianship, inheritance and more.
"A child benefits from having two legally recognized parents," Lavender said.
But bill sponsor Sen. Marilyn Musgrave, R-Fort Morgan, said the courts shouldn't allow parents of the same sex to be listed on birth certificates.
"The creation of a child takes one man and one woman, and a birth certificate should reflect that," Musgrave said.
Doug Campbell of the American Constitution Party agreed. He said birth certificates should reflect biological, genealogical information.
But Michael Brewer of Equal Rights Colorado said birth certificates don't reflect biological parents when surrogate mothers or artificial insemination is used, or when children are adopted.
"They're not about genealogy, they're not about biology," Brewer said. "It is, in effect, anti-homosexual."
Mothers and their children rejoiced in the hallway after the vote, which probably puts an end to the issue this session.
My practice includes the full range of family law services, including prenuptial and antenuptial agreements, all aspects of divorce, allocation of parental responsibilities (formerly known as custody), step-parent adoptions, grandparent rights, and estate planning. I also provide family law and estate planning services to gays and lesbians, including parental rights (for couples residing anywhere in Colorado), allocation of parental rights, sperm donor agreements, surrogacy agreements, gay and lesbian "divorce," domestic partnership agreements, wills, trusts, and powers of attorney.