A judge in Texas has refused to allow two gay fathers to be listed on their sons’ birth certificates – despite being their biological fathers.

Jason Hanna and Joe Riggs had twins via surrogate, and each is the biological father of one of the baby boys. However a judge has denied them the right to be listed as fathers on the birth certificates – even that of the baby who is their biological child.

Mr Hanna and Mr Riggs, who are married, have not been allowed to see their sons’ birth certificates, and have been denied the opportunity to adopt the child who is not their biological offspring.

President of GLAAD, Sarah Kate Ellis, said in a statement: “It’s astonishing that in our country, in 2014, loving parents can still be denied basic legal protections for their own children.

“As a gay mother of twins myself, it breaks my heart to think that Joe and Jason’s family has now been put in harm’s way, simply because they live in a state that refuses to respect their legal marriage.

“Every parent should be able to protect their own child, regardless of who they love or where they live.”

Mr Riggs told KDFW: “I guess I expected them to be looking out for the best interest of our kids, but I felt we walked out that day and it wasn’t in the best interest of our kids.

“Ultimately, we’re talking about is what’s better: one parent or two parents. For me it’s two parents. It’s a no-brainer.”

Mr Hanna said: “It’s a little scary because as of right now, we don’t have full parental rights of our own biological children”