INDIANAPOLIS – The Office of the Indiana Attorney General filed its opening brief with the Seventh Circuit Court in Henderson v. Adams, which involves a challenge by several same-sex couples to Indiana’s statutes defining legal parentage.
A copy of the opening brief is attached.
Following Is A Statement From Attorney General Curtis Hill:
“Under Indiana law, legal parentage is derived from one of two sources: a biological relationship to a child or the legal adoption of a child. In this particular case, the federal district court suggests there is a third source – a marital relationship with a legal parent. The fundamental problem with this decision is that Indiana statutes do not in fact bestow parental rights based on the mere fact of a marital relationship. This is true for both opposite- and same-sex couples.
“The responsibility of the Attorney General is to defend statutes enacted by the legislature. The court’s decision contradicts Indiana law on legal parentage. We are seeking to clarify the rights of all parents under Indiana law, which are the same for opposite- and same-sex couples.â€
