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State court of last resort · ST-VA-SC
Davenport v. Little-Bowser
No. 041180Supreme Court of Virginia
041180 Davenport v. Little-Bowser 04/22/2005 The trial court erred in holding that Code § 32.1-261 and 12 VAC § 5-550-330 prevent new birth certificates listing both adoptive parents from being issued for chil…
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041180 Davenport v. Little-Bowser 04/22/2005 The trial court erred in holding that Code § 32.1-261 and 12 VAC § 5-550-330 prevent…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Apr 22, 2005
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041180 Davenport v. Little-Bowser 04/22/2005 The trial court erred in holding that Code § 32.1-261 and 12 VAC § 5-550-330 prevent new birth certificates listing both adoptive parents from being issued for children born in Virginia who have been validly adopted by same-sex couples outside of Virginia. Nothing in the statute precludes recognition of same-sex couples as adoptive parents or requires that forms listing only one mother and one father be used, and the regulation's requirement as to form use, as interpreted by the responsible agency, is contrary to the ordinary and plain language of the statute. The judgment is reversed and the case remanded for further proceedings.
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