In the event of a divorce, the judge removes the lesbian’s name from the child’s birth certificate

An Oklahoma woman is fighting in court to overturn a judge’s decision to remove her name from her child’s birth certificate in a case that could set a precedent for same-sex divorce.

The case focuses on the controversial divorce of Chris Williams և Rebecca Wilson, a lesbian couple who used a sperm donor to have a child. Williams is trying to overturn a judge’s decision to remove her from her son’s birth certificate because she was a “non-pregnancy” caregiver and did not adopt a child. The case uncovered an unexpected legal gray area, despite the legality of same-sex marriage in the United States since 2015.

The couple married in the summer of 2019, and later that year they had a son by artificial insemination from Wilson. reports KFOR. Williams cut the umbilical cord of their son, who was named after his family member, the station reports.

However, after the couple divorced, Wilson asked the court to remove Williams from his birth certificate. Earlier this year, Judge Lynn McGuire granted the request, ruling that Williams “failed to seek legal redress for parental rights.”

In Oklahoma, a woman struggles to get her name back on her child’s birth certificate after being divorced. The result may be repercussions for other couples.
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“My body immediately began to tremble,” Williams recalled 19th news. “I mean pure horror as a strange person who must be erased.”

The judge decided that Williams’ name on the birth certificate should be replaced by the name of a sperm donor who applies to the court for custody of the child, LGBTQ News reports. Williams filed a motion asking the court to reconsider the motion, which will not be heard until June 1.

During the tumultuous divorce, Wilson accused Williams of assaulting him (which Williams denies), according to The 19th News. In December, a Wilson court issued an urgent defense order against Williams, but the judge did not cite any allegations of abuse in his decision to remove his name from his birth certificate.

Oklahoma ACLU attorney Hannah Roberts told The 19th News that her organization plans to be involved in the case if it reaches the Court of Appeals because of the possible consequences.

“The concern is that if Chris loses, it will set a pretty bad precedent in Oklahoma, possibly beyond that,” Roberts told the media. “I think this is the first time that there is such an unfavorable decision, which is so contradictory to equal protection. “It’s got a lot of attention because same-sex couples are constantly divorcing.”

That same-sex marriage has been legalized by the United States Supreme Court Seven years ago, Oklahoma Supreme Court rulings complicated the divorce process for gay and lesbian women. reports LGBTQ Nation.

“I want people to know that it is not just the LGBTQ community that is vulnerable,” Williams told KFOR. “We have other families who can not have biological children, donors are used as a way to have a family. I find it terrifying that we need to take extra steps to strengthen our territory so that we can be legally connected to our children. «

Wilson և his lawyer declined to comment to the media.

Newsweek: He turned to both Williams and Wilson’s lawyers for comment.

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