In Oklahoma a judge recently ruled that a lesbian girl’s parental rights have been terminated, with those rights going to the child’s sperm donor. The woman, Kris Williams, had a child with her former partner, Rebekah Wilson. The couple found a sperm donor together, and Wilson carried the child to term. During the pregnancy, Williams and Wilson married.
Two years after the birth of their child, the couple separated and Wilson moved in with Harlan Vaughn, the couple’s sperm donor. Spouses are generally presumed to be the parents of any children born during the marriage, but some states have different laws in this area.
Oklahoma requires the non-biological parent of a same-sex union to formally adopt the child. Because Williams did not do so, a judge removed her name from the child’s birth certificate.
Williams fought the change and restored her name, but her parental rights remained in dispute until mid-February. At the time, a judge ruled that Oklahoma’s parentage act predated marriage equality, and so it did not apply to same-sex couples. The rights that Williams had previously entrusted to his child were returned to the sperm donor. Williams and his attorney plan to appeal immediately.
Another issue in this case is that Wilson and Vaughn allege that Williams was violent toward Wilson during their marriage, and that Wilson obtained a restraining order. That order was extended once, and is still in effect. Williams’ attorney, Robyn Hopkins, said she was disappointed in Oklahoma and its decision, including its lack of protection for same-sex parents.
There could be many ramifications for marriage equality beyond what’s happening in Oklahoma, as other states are closely watching the case. The federal ruling is that a married couple is presumed to be the parents of a child born during that marriage, and it also applies to same-sex couples.
But each state has some variation in their laws, and Oklahoma has taken a stance on it that could jeopardize the rights of other same-sex parents for the future. Williams’ appeal could take some time to decide.
Stepparent adoption is a great way to ensure the rights of both parties in raising the child. Although a non-biological/non-gestational parent may appear on the child’s birth certificate, they may have no protection if their marital rights are not universally recognized. A valid, final adoption order creates permanency and security for the adoptive parent as well as the child. Contact us today to learn more!
