2 NE Moms Fight To Both Be Named On Their Kids’ Birth Certificates; Judge Denies Request

It is a basic human need to be seen, heard, and accepted for who one is. This also crosses over into human rights. People want to be legally recognized for who they are. Two moms in Nebraska are fighting for this legal recognition.

Erin Porterfield and Kristin Williams are fighting to both be named on their sons’ birth certificates. In August of 2022, Lancaster County Judge Ryan Post denied this request on the grounds that state law requires paternity to be acknowledged. According to Judge Post, state law says that only biological parents are to be named on birth certificates.

Erin and Kristin were together as a couple 13 years, from 2000 to 2013. Erin gave birth to their first son in 2002. Kristin gave birth to their second son in 2005. The boys were both born with help from a sperm donor.

Although Kristin and Erin split up romantically, they still co-parent their children together. They want both of their names on their children’s birth certificates to protect the boys in case something happens to one of their parents. Erin and Kristin believe it is harder for unmarried same-sex couples than their heterosexual counterparts. Erin and Kristin also argue that this is gender discrimination, as men are allowed to “voluntarily acknowledge" that they are parents but women are not.

Erin and Kristin told HuffPost, “Our sons are our entire world and we want to make sure we’re doing right by them. Our boys have a right to the security of having both parents on their birth certificates, a required document in so many life changes and decisions. That’s why this matters to us.”

Judge Post says he understands why this is important to the women. He also believes it is not the court's role to change the law. “That policy decision is for the Legislature, not this court,” he said.