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Pavan v. Smith

Justia Summary

Married same-sex couples conceived children through anonymous sperm donation. Their babies were born in Arkansas in 2015. Each couple completed paperwork listing both female spouses as parents. The Department of Health issued birth certificates bearing only the birth mother’s name, based on Ark. Code 20–18–401, which states “the mother is deemed to be the woman who gives birth to the child … if the mother was married at the time of either conception or birth … the name of [her] husband shall be entered on the certificate as the father of the child.” Another man may appear on the birth certificate if the “mother,” “husband,” and “putative father” all file affidavits vouching for the putative father’s paternity. The requirement that a married woman’s husband appear on her child’s birth certificate applies if the couple conceived by means of artificial insemination by an anonymous sperm donor. The couples challenged the law. The trial court held that the challenged sections were inconsistent with the 2015 Supreme Court holding, Obergefell v. Hodges, that the Constitution entitles same-sex couples to civil marriage “on the same terms and conditions as opposite-sex couples.” The Arkansas Supreme Court reversed. The U.S. Supreme Court reversed, finding the statute invalid because it denied married same-sex couples access to the “constellation of benefits” that Arkansas links to marriage. The law required the placement of the birth mother’s husband on the birth certificate even when the husband was “definitively not the biological father,” but did not impose the same requirement with respect to the birth mother’s wife. Same-sex parents lacked the same right as opposite-sex parents to be listed on a document used for important transactions like medical decisions or enrolling a child in school.

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