A lesbian mother is fighting back against a judicial ruling that her name be removed from her son’s birth certificate.
The ruling was made during divorce proceedings for Kris Williams and Rebekah Wilson, a same-sex Oklahoma couple who had married in 2019 and had a son via artificial insemination later that same year.
Williams, the non-gestational parent, had her name on their son’s birth certificate. However, earlier this year a judge ruled that Williams had “failed to pursue a legal remedy to establish parental rights” and that her name could subsequently be removed from the birth certificate, Oklahoma’s News 4 reports.
The ruling came after Wilson, who had carried the couple’s son, requested that Williams’ name be removed from the birth certificate. She had previously filed a Victim Protection Order against Williams in 2021, alleging spousal abuse.
The 19th reports that Williams — who disputes Wilson’s allegations of abuse — filed a motion for the case to be reconsidered. A hearing is scheduled for June 1. According to Hannah Roberts, an attorney with ACLU Oklahoma, the organization will become involved with the case should it reach appellate court.
“The concern is if Kris loses, that’s going to set some pretty bad precedent in the state of Oklahoma, and possibly beyond,” Roberts told The 19th. “I think that this is just the first time that there has been such an adverse ruling that is so contrary to equal protection. It’s gotten the attention because same-sex couples get divorced all the time.”
The 19th further reports that some legal experts believe the proceedings “could be a test case” for LGBTQ+ parental rights “seven years after the Supreme Court granted marriage equality nationwide.”