An Oklahoma girl has no parental rights over the son she raised for 2 years along with her estranged spouse, who has since began courting the previous couple’s sperm donor, a decide dominated Monday.
Kris Williams and Rebekah Wilson, who have been legally married in June 2019, have been each initially listed on the boy’s start certificates when Wilson gave start to him in August 2019, in accordance with court docket paperwork. The boy, referred to solely as W.R.W.W. within the decide’s ruling, was conceived utilizing the sperm of Harlan Vaugh, with whom Wilson entered a “Identified Sperm Donor Settlement” in September 2018.
Williams and Wilson, nonetheless, break up in November 2021, and Wilson moved in with Vaughn shortly afterward, court docket paperwork state. However whereas Williams was on the kid’s start certificates, she didn’t undertake him previous to her break up with Wilson, and she or he has not seen him since Nov. 23, 2021.
“The truth is that the regulation supplies a authorized treatment obtainable to Williams,” Oklahoma County District Choose Lynne McGuire wrote in her decision, referring to adoption. “She knowingly selected to not pursue it.”
McGuire’s ruling discovered Wilson and Vaughn, who’ve since had a second organic youngster collectively, to be the “authorized mother and father” of W.R.W.W.
Williams told KFOR-TV, an NBC affiliate in Oklahoma Metropolis, that she was “in shock” by the decide’s ruling.
“I can let you know that that brings a whole lot of anger and emotion on me,” Williams stated by tears Tuesday. “Why? Simply why?”
In a press release to KFOR, Vaughn stated that he and Wilson are “grateful for the court docket’s validation.”
“We stay targeted solely on our youngster’s safety and well-being,” Vaughn stated.
Whereas the case is difficult, the decision ought to be a cautionary story for different LGBTQ households, in accordance with some legal experts and LGBTQ activists.
In Oklahoma, as in lots of different states, married {couples} are presumed mother and father of youngsters born throughout the marriage. Nonetheless, McGuire dominated that as a result of the state’s parentage act predates the legalization of same-sex marriage within the state, it didn’t apply in Williams’ case.
“[The act] doesn’t have in mind same-sex marriage, and there’s no presumption that the spouse of the mom is mechanically presumed the guardian of a kid born throughout the marriage,” McGuire dominated.
Williams’ legal professional, Robyn Hopkins, contends that the ruling places the burden of adoption on same-sex {couples}, whereas exempting heterosexual {couples} of the identical accountability.
“Present me the place the case regulation says that homosexual individuals should undertake their very own kids?” Hopkins requested KFOR. “Why do homosexual individuals should have a house examine and a background verify to undertake their very own kids and pay upwards of a pair thousand {dollars} and go to court docket to make it official?”
Hopkins added that she and Williams will enchantment the ruling to the Oklahoma Supreme Court docket.
