By: Felipe Mavromatis, Esquire

Today, the Supreme Court ruled that the Constitution requires states to list married same-sex couples on their children’s birth certificate–entitling gay couples equal protection under the law. In doing so, the Supreme Court struck down an Arkansas law that treats same-sex couples differently than opposite-sex couples on their children’s birth certificates. This decision, reaffirms the Supreme Court’s 2015 landmark decision in Obergefell v. Hodges and guarantees rights afforded only to “traditional marriages.”

Fortunately for Floridians, since 2016, the Florida Department of Health changed its policies to allow both same sex spouses to be listed on birth certificates. Florida’s Department of Health Office of Vital Statistics also allows amended birth certificates to same-sex couples who previously had a child during their marriage. For more information on amending birth certificates visit

While an accurate birth certificate is an important step for families, same-sex parents should still consider a confirmatory adoption (such as a Step Parent Adoption) in ensuring the rights of the parents throughout the United States particularly as it relates to health and education decisions.