The district court found that in Lambda Legal's case Torres v. Seemeyer (which sought two-parent birth certificates for the marital children of same-sex spouses in Wisconsin) that at least those couples who used assisted insemination can get two-parent birth certificates. They asked us to share the below information as well.
NOTICE REGARDING TWO-PARENT BIRTH CERTIFICATES FOR MARRIED SAME-SEX COUPLES WHO CONCEIVED BY ARTIFICIAL INSEMINATION
If you are a member of a same-sex couple who meets the following criteria ("the class"), you and your child are among the families entitled to a BIRTH CERTIFICATE that lists both spouses as parents:
l . you or your legally married spouse had a baby in Wisconsin between June 6, 2014 and May 2, 2016 and completed a birth certificate worksheet before May 2, 2016;
2. you and your spouse were married at the time of the birth;
3. your baby was gestationally carried by one of the spouses and was conceived using artificial insemination; and
4. you did not comply with the requirements of Wis. Stat.§ 891.40(1).
If you satisfy the above criteria, you are among the families comprising same-sex spouses and their children who are entitled to a birth certificate that names both the birth mother and her spouse as parents of your child. You can read the relevant Court Opinion, Order, and Injunction, in Torres v. Seemeyer, W.D. Wis. Case No. 3:15-CV-288-bbc, here http://www.lambdalegal.org/in-court/legal-docs/torres wi 20160914 opinion.
If you qualify and if the State Vital Records Office has not already provided your family with a birth certificate listing both spouses as parents, send a letter of request to the Wisconsin Department of Health Services at the address below, stating the following:
1. your name, your spouse's name, and your physical mailing address;
2. the date of your marriage;
3. your child's (or children's) name(s) and date(s) of birth; and
4. a statement that your child (or children) was (were) conceived using artificial insemination or other assisted reproductive technology and that you did not follow the requirements of Wis. Stat. § 891.40(1).
Send this letter to the following address:
Department of Health Services
1 West Wilson Street
Madison, WI 53703
You should receive a corrected, two-parent birth certificate within ten days of the Department's receipt of your request. If you do not, you may contact the lawyers representing the class, as follows:
Kyle A. Palazzolo
Lambda Legal Defense and Education Fund, Inc.
105 W. Adams, Ste. 2600
Chicago, Illinois 60603
Pines Bach LLP
122 W. Washington Ave
Madison, WI 53703
Clearesia A. Lovell-Lepak
Lovell-Lepak Law Office
Post Office Box #44623
Madison, Wisconsin 53744
or you may contact the lawyer representing the Department, as follows:
Maura FJ Whelan
Assistant Attorney General
Wisconsin Department of Justice
Post Office Box 7857
Madison, Wisconsin 53707-7857