A district judge has ordered the names of a gay couple who adopted a child born in Louisiana to be added to the birth certificate.

Oren Adar and Mickey Ray Smith, who now live in San Diego, adopted the boy in New York, a state which allows gay couples to list both their names on the birth certificate.

Unmarried couples cannot adopt in Louisiana, although single people and married couples can.

According to Judge Jay Zainey, the men must be legally recognised as the fathers of the baby, as New York allows gay couples to list both their names on the birth certificate.

Louisiana officials are countering Zainey’s ruling, asking the 5th US Circuit Court of Appeals to overturn it on the basis they are being made to accept another state’s rules.

They say putting the men’s names on the birth certificate would be illegal because under Louisiana law, two single people cannot adopt a child.

A bill prefiled in the legislature on Tuesday would make it illegal to create a birth certificate for anyone who did not meet adoption laws in Louisiana.