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Can 2 Men or 2 Women Appear on a Florida Birth Certificate?

Florida has not had the best history when it comes to the rights of same-sex couples.  For the longest time, the state had a law on the books that gay men and women were forbidden from adopting a child.  Florida not only enacted a so-called Defense of Marriage Act statute but enshrined its opposition to same-sex marriage in the state’s constitution.  Further, even once Florida courts ruled that the state must recognize marriage between people of the same sex, it was unclear whether the state would permit same-sex divorce.

Fortunately, the state has come a long way.  The “gay adoption ban” is no longer on the books.  The U.S. Supreme Court has ruled that a ban on the issuance of marriage licenses to same-sex couples is unconstitutional, as is a refusal of one state to recognize a same-sex marriage solemnized in another state.  And it has become clear that circuit courts in Tampa Bay and around the state must give same-sex spouses the opportunity to dissolve their marriage.

So, at this point, can two parents of the same sex appear on a Florida birth certificate?

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Correcting Your Birth Certificate in Florida

Since the passage of the Federal REAL ID Act of 2005, more and more Florida residents are finding that they cannot renew their Florida Driver’s License because the name printed on their birth certificate or social security card does not match the name they have been using.

It could be because they assumed the use of a name without changing any of their official  documents.  It could be because of a spelling error on the birth certificate or social security card. Or it could be because they have unknowingly been going by a name different from the name printed on their birth certificate.  These problems can usually be corrected by petitioning for a legal change of name.

Here’s an example:  I had a client whom I will refer to as “Jane Smith.”    She was born in New York, and now she lives in Pasco County, Florida.  She’s been known her whole life as Jane Smith, her parents always called her Jane Smith, and so, for good reason, she thought her name was Jane Smith.

One day, Jane helps her mother clean out her attic.  While going through some boxes, Jane finds a New York birth certificate for a “Jamie Smith.”  What is more, Jamie Smith’s date of birth is listed as one day earlier than the day Jane Smith has been celebrating her birthday.

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