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When Lisa Phillips Stackman of Indianapolis gave birth to her daughter, Lola Jean, seven weeks ago, she expected that her spouse's name would appear on Lola's birth certificate. If Lisa's spouse had been Jack, instead of Jackie, it would have.
Under Indiana law, the husband of a woman giving birth is presumed to be the father and his name goes on the certificate--even if he's not the father. But because Lisa's spouse was a woman, Indiana officials have refused to put her name on the certificate. Lisa and Jackie are suing with six other same sex couples claiming their constitutional rights have been violated because Indiana officials refused to place both spouses names on the birth certificate. Lisa and Jackie's case may be more compelling because Jackie is Lola's biological mother. She had embryos created with her eggs and frozen two years ago, before she met Lisa.