An Oklahoma lesbian mom has been removed as the parent of her child in a case that could set a precedent for divorcing same-sex couples.
The Oklahoma woman, Kris Williams, is currently fighting in court a judge’s decision to remove her name from her child’s birth certificate.
The judge’s ruling noted that Williams was removed because she was the “non-gestational” caretaker and hadn’t adopted the child.
An Oklahoma lesbian mom in court
The divorce case involves a lesbian couple, Williams and Rebekah Wilson, who were married in 2019, according to KFOR.
They used a sperm donor, Harlan Vaughn, with Wilson having the child through artificial insemination. Williams was present at the child’s birth to cut the umbilical cord and was listed in the birth certificate.
Two years later, the couple decided to get a divorce and Wilson requested the court to remove Williams from the certificate.
Judge Lynne McGuire approved the request, noting that Williams “failed to pursue a legal remedy to establish parental rights,” including adopting the child.
According to LGBTQ News, the judge ruled that Williams’ name should be replaced by the name of Vaughn, who is also petitioning custody of the child from the court.
Reactions to the court decision
Williams told The 19th News that when she received the decision, “My body instantly started shaking. I mean pure terror, as a queer person, to be erased.”
“This isn’t about the divorce case at all,” Robyn Hopkins, William’s attorney, told KFOR. “We’re talking about the custody of a child that was born of that marriage.”
Meanwhile, Hanna Roberts, attorney with the Oklahoma ACLU, told The 19th News that they plan to involve themselves if the case reaches an appellate case because of the possible implications of the decision.
“The concern is if Kris loses, that’s going to set some pretty bad precedent in the state of Oklahoma, and possibly beyond,” Roberts said.
“I think that this is just the first time that there has been such an adverse ruling that is so contrary to equal protection,” she added.
The Oklahoma lesbian mom speaks up
Williams told KFOR that the implications of the decision is far-reaching: “I want people to know that it’s not just the LGBTQ community that’s vulnerable in this.”
“We have other families who can’t have biological children and use donors as a means to have families,” she said.
Nancy Polikoff, professor emerita at American University College of Law and an expert in LGBTQ+ family law, said queer legal experts are already warning clients to get confirmatory adoptions in the wake of the Williams’ ruling.
While this costs money and it feels offensive to adopt your own child, Polikoff said that “it is the guarantee that that parent-child relationship can be recognized anywhere, even if you move to the most homophobic possible state.”
Williams had the same assessment of the adoption step, noting that, “I think it’s horrible that we have to take an extra step in order to solidify our space for us to be legally connected to our children.”