The state health department must amend its birth certificate forms to reflect same-sex marriages and the children that result, the Arizona Court of Appeals has ruled.

The judges said two women who were married and both the legal parents of a child born during their union are both entitled to be listed as β€œmother” on the state-issued form.

That’s not an option on current forms. Instead there are two choices: mother and father or parent and parent, the latter added after same-sex marriage became legal in Arizona.

Suzan Swanson sued, asking to also be designated as β€œmother.” She previously won a high-profile legal fight to have her parental rights affirmed.

A trial judge rebuffed the request, saying he could not order the Arizona Department of Health Services to redesign its birth certificate.

But Judge Peter Eckerstrom, writing for the unanimous three-judge appellate panel, said that’s not true. He said if a court orders a change in a birth certificate, the state agency must comply.

Swanson and Kimberly McLaughlin were legally married in 2008 in California. They agreed to have a child through an anonymous sperm donor, with McLaughlin becoming pregnant in 2010.

Distillers at Whiskey Del Bac harvest several barrels of whiskey on, Oct. 2, 2020. The process includes checking fluid levels in the barrels, tasting for quality and pouring the whiskey into a vat where water will be added before going onto bottling. (Josh Galemore / Arizona Daily Star)

Before the birth, the couple moved to Tucson, entered into a joint parenting agreement and executed mirror wills, declaring they were to be equal parents to the child. After the 2011 birth, Swanson stayed home and cared for the boy while McLaughlin worked as a physician.

When Swanson filed for divorce, McLaughlin attempted to argue that she was not a β€œparent” as defined in state law. McLaughlin lost that case, which went all the way to the U.S. Supreme Court.

What that left is how the child’s birth certificate reads.

McLaughlin argued she should be listed as β€œmother,” consistent with state law, or have the designation amended to β€œbiological mother,” with Swanson listed as β€œlegal parent” or β€œlegal mother.”

Swanson wanted both to be listed as β€œmother.” But, given the way the health department forms are written, she said she would settle for both being listed as β€œparent.”

Eckerstrom said there’s no reason Swanson can’t get what she wants, regardless of the birth certificate forms.

β€œ β€˜Mother’ is the semantically correct term for a female parent,” he wrote. More to the point, he said state law requires the health department to comply with court orders to amend birth certificates.

He said that can specifically include situations where courts have ruled that both parties are entitled to be considered the child’s mother.

Become a #ThisIsTucson member! Your contribution helps our team bring you stories that keep you connected to the community. Become a member today.