Cheri and Chanda Fouseridge sit with Cutter and Cincaid at their home in Farmland.

(Photo: Jordan Kartholl/The Star Press, Jordan Kartholl/The Star Press)

SHARE Cheri Fouseridge holds Cutter at the family's home in Farmland. (Photo: Jordan Kartholl/The Star Press, Jordan Kartholl/The Star Press)

By Emma Kate Fittes / USA Today Netowrk/ Muncie Star Press

MUNCIE, Ind. — Chanda Fouseridge was happy when a federal judge ruled in favor of same-sex couples in June, even though it was too late to help her family much.

Last month, a federal judge ordered Indiana to allow same-sex couples equal parental rights and list both names on their child's birth certificate, The IndyStar reported. It was one of the first family law changes following the legalization of same-sex marriage.

This is what Chanda and her wife, Cheri, were hoping for.

"I know it’s just one judge that made that decision, but I don’t know, it seems like the state is progressing," she said.

Chanda said she didn't hear any outcry afterwards. According to the case docket, an appeal has not been filed yet.

The ruling was the result of eight same-sex couples suing the state. Although the Fouseridges were not part of the lawsuit, they did go public with their story in the hopes that people would become more aware of the problem.

The couple, who live in Farmland, went through an adoption process with their first son, Chaney, because their marriage was not recognized in Indiana yet. But when Chanda became pregnant with twins after the Supreme Court ruling, they figured there wouldn't be a problem. Especially since they used an anonymous sperm donor.

It wasn't until they were in the hospital that they found out Indiana's family laws were still largely based on biology and paternity, so Cheri couldn't put her name on the birth certificate. If something happened to Chanda, Cheri could have lost the babies, too.

The state code doesn't address artificial insemination, but there is a loophole for heterosexual couples, automatically assuming the husband is the biological father. The recent ruling extended this assumption to married same-sex couples.

It's been more than a year and Chanda and Cheri's twins still don't have a birth certificate.

The Indiana State Department of Health is working to create new documents that are gender neutral, listing "parent" and "parent" instead of "mother" and "father."

A few details have yet to be clarified, according to a motion filed July 18 by Indiana State Registrar Brian Carnes, who is tasked with making these changes.

In the document, he says he is unclear whether that loophole in the state code is valid, because if not it would also affect heterosexual couples using artificial insemination. He also said he is unclear if the ruling applies to all wives of birth mothers, or just wives of birth mothers who used artificial insemination.

Delaware County Registrar Stephanie Denton said she has been in contact with the state department and is waiting for the new documentation.

"That’s not something that happens overnight," she said.

According to the motion, a child born to a married, female, same-sex couple after June 30 will receive a birth certificate with both names. Attorney Karen Celestino-Horseman said all the couples involved in the suit received a birth certificate.

For children who were born before the ruling, like Chanda and Cheri's twins, there might be a way to add the second parent's name retroactively. Currently, Denton said a father can be added to a birth certificate, known as a parentage affidavit, until the child is 18 years old.

Rather than wait for the state to iron out the details, Chanda and Cheri decided to get both their names on a birth certificate by having Cheri adopt the twins, Cutter and Cincaid. In Indiana this is known as a second-parent adoption.

They pulled together more than $1,200, filled out all the paperwork and submitted Cheri to a background check. Everything checked out and their court date is set for Aug. 3.

The adoption adds an extra level of protection for the family, because a birth certificate can be challenged in court. But the adoption added the burden of cost and waiting. Chanda said if the ruling had been in place, they would have gotten the birth certificate immediately and saved a lot of stress.

"For anybody planning a family now, I think (the new birth certificate ruling) is good," Chanda said. "We were just a little bit ahead of our time."