A mum is in tears after she lost custody of her son to a sperm donor as he was named "legal parent" by a court.
She was left "in shock" after the child she had with her wife with the use of a sperm donor was given up as a judge gave parental rights to the man in a case that has caused concern among LGBTQI+ rights advocates.
it involved Kris Williams and Rebekah Wilson, an Oklahoma same-sex married couple, who were raising a boy conceived using Harlan Vaughn as a sperm donor.
Wilson entered into a sperm donor agreement with Vaughn in September 2018, but Williams was not included or referenced in the agreement.
Several at-home inseminations in December of that year resulted in Wilson's pregnancy.
Williams and Wilson got married in June 2019, and when the child was born in August of the same year, both were listed as mothers on the birth certificate.
But after two years of raising the boy, their marriage fell apart, and Wilson obtained a Victim Protective Order against Williams in November 2021.
She and the boy then moved in with Vaughn, who filed a Petition for Adjudication of Paternity and Establishment of Custody and Visitation on January 18, 2022.
The ensuing court case has drawn national attention, with experts closely following the child custody and divorce case as it could have implications for other states.
On Monday, Judge Lynne McGuire ruled that Williams was not the mother of the child and that the sperm donor, Harlan Vaughn, was the legal parent.
Williams told KFOR that she was "in shock" by the judge’s ruling: "I can tell you that that brings a lot of anger and emotion on me." Through tears, she added: "Why? Just why?"
Williams stated that she still considers herself the mother of the child she and her wife started raising together.
The ruling cited Oklahoma's Uniform Parentage Act, which does not take into account same-sex marriage.
It specifies how a parent-child relationship is established, and artificial insemination is not included but adoption is.
The court ruling stated that since Williams did not give birth to the child and did not adopt the child, she could not establish a mother-child relationship.
Williams admitted during the trial that she and Wilson had discussed adoption, but she chose not to pursue it.
Williams and her attorney, Robyn Hopkins, are now appealing the ruling to the Oklahoma Supreme Court, believing that there is not enough precedent for the complicated situation for the ruling to stand.
Hopkins argues that Williams is on the birth certificate of the child, and they were legally married, so she should be considered a parent.
She believes that adoption should not be forced on same-sex couples to claim parenthood, as it is not required for men in heterosexual couples.
Hopkins said: "Show me where the case law says that gay people have to adopt their own children?
"Why do gay people have to have a home study and a background check to adopt their own children and pay upwards of a couple of thousand dollars and go to court to make it official?"
The case has raised concerns about the rights of LGBTQI+ couples and parents, with many experts and advocates closely watching the proceedings.
The decision of the Oklahoma Supreme Court could have implications for other states and affect the legal status of same-sex marriage and parenthood in the US.
Transgender athlete and LGBTQI+ rights advocate, Chris Mosier, commented on Twitter: "An Oklahoma judge transferred a lesbian mom’s parental rights to her son’s sperm donor.
"It's not just trans people who are at risk of losing their life, liberty & pursuit of freedom - or their families & rights. Please pay attention."
