Wisconsin couple files lawsuit over birth certificate

In a lawsuit, the Weisses say they need accurate birth certificates for school, health care and financial reasons.

In a lawsuit, the Weisses say they need accurate birth certificates for school, health care and financial reasons.

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MADISON, Wis. — A married same-sex couple has filed a federal lawsuit against the Wisconsin Department of Health Services saying their birth certificate form did not allow them to put both of their names down as parents.

Chelsea and Jessamy Torres filed the lawsuit Wednesday in federal court in Madison. They allege that DHS refused to supply a birth certificate form that allowed both women to name themselves as parents of their son born to Chelsea Torres on March 15.

The complaint says DHS routinely provides opposite sex parents with birth certificates allowing them to name both spouses as parents.

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The lawsuit asks that the policy be ruled as unconstitutional and that DHS be barred from continuing its current practice.

DHS spokeswoman Stephanie Smiley had no comment Thursday.

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