Same-sex couples fight to change Indiana law, vital records

INDIANAPOLIS (WISH) — Six same-sex couples are challenging state law. They want to change wording on official records like birth and death certificates. The couples are filling a lawsuit against the Indiana State Health Commissioner and four county health departments including Marion, Vigo, Bartholomew and Tippecanoe.

All six cases involved in the lawsuit concern female same-sex couples who have decided to have a child or children.

One of those couples is Nicki and Tonya Bush-Sawyer of Indianapolis who already have a nearly two-year-old son who Nicki carried and birthed.

Although same-sex marriage is legal nationwide, many documents like birth and death certificates still only allow for a mother and father to be named, rather than two mothers. That means Nicki’s wife, Tonya, has to adopt their son after his birth in order to be his legal mother. It’s a process they say is expensive and also requires social workers to scrutinize their financial, professional and personal life.

Until that adoption is final, Tonya does not have any legal rights to her son, despite being a stay-at-home-mom with him.

“What if something were to happen and I’m away at work, she’s his caretaker. And yet she is treated, not to her face, but she could be legally treated as you know a baby-sitter, Nicki said.

The process the Bush-Sawyer family is going through now is actually called ‘step-parent adoption’, which Nicki says is insulting to her wife.

“The point is Tonya and I have been together since before our son was born, through the entire pregnancy, ever doctor’s visit, every sonogram, every kick, first cry, first whatever. She cut the umbilical cord. She was the coach at the birth. If we were a heterosexual couple, there would be no question that she would be on the birth certificate,” Nicki said.

The lawsuit cites an Indiana law that says a man is presumed to be a child’s biological father if the man and the child’s biological mother are married to each other. Therefore, these couples believe their should be presumed to be the parents of their children, because they are married and should not have to go through extra steps to be named on birth certificates and in less fortunate circumstances, death certificates.

The attorney representing all six couples said she will be filing a motion for summary judgment on this case Friday. That means they feel the evidence is so overwhelming that the case should not go to trial.

24-Hour News 8 did reach out to the Indiana State Health Department for comment, but they said they couldn’t talk about any pending litigation.