Judge strikes lesbian’s name off birth certificate of child in divorce row

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 divorced same-sex couples.
The case concerns the contentious divorce between Kris Williams and Rebekah Wilson, a lesbian couple who used a sperm donor to have a child. Williams is seeking to overturn a judge’s decision that removed her from her son’s birth certificate because she was the “non-gestational” guardian and had not adopted the child. The case revealed an unexpected legal gray area as same-sex marriage has been legal in the United States since 2015.
The couple wed in the summer of 2019 and had a son later that year, with Wilson carrying the child through artificial insemination, KFOR reports. Williams cut their son’s umbilical cord, which is named after a family member by his side, according to the station.
But after the couple divorced, Wilson asked a court to remove Williams from the birth certificate. Earlier this year, Judge Lynne McGuire granted the request, ruling that Williams “did not take legal action to establish parental rights”.
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“My body immediately started shaking,” Williams recalled of her reaction to The 19th News. “I mean pure terror, as a queer person, to erase.”
The judge ruled that Williams’ name on the birth certificate should be replaced with the name of the sperm donor who is asking the court for custody of the child, reports LGBTQ News. Williams has filed a motion asking the court to reconsider the motion, which will not be heard until June 1.
During the messy divorce, Wilson accused Williams of assaulting her (which Williams denies), according to The 19th News. A court granted Wilson an emergency protective order against Williams in December, but the judge cited no allegations of abuse in her decision to remove his name from the birth certificate.
Hanna Roberts, an attorney with the ACLU of Oklahoma, told The 19th News that her organization planned to get involved in the case if it made it to an appeals court because of its possible implications.
“The concern is that if Kris loses, it will set a very bad precedent in Oklahoma State, and maybe beyond,” Roberts told the outlet. “I think this is only the first time there’s been such an unfavorable decision that’s so contrary to equal protection. It’s getting attention because same-sex couples get divorced all the time.”
Although same-sex marriage was legalized by the U.S. Supreme Court seven years ago, decisions by the Oklahoma Supreme Court have complicated divorce proceedings for gay and lesbian couples, reports LGBTQ Nation.
“I want people to know that it’s not just the LGBTQ community that’s vulnerable in this,” Williams told KFOR. “We have other families who can’t have biological children and use donors as a way to have families. I think it’s horrible that we have to go the extra step in order to solidify our space so that we let us be legally bound to our children.”
Wilson and his attorney declined to comment to the media.
Newsweek has contacted attorneys for Williams and Wilson for comment.