A lesbian lost her son to his sperm donor. Should other gay parents be concerned?

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02/17/2023

A court ruling this week that rejected an Oklahoma woman’s petition of custody over the son she raised for two years with her estranged wife should serve as a cautionary tale for same-sex parents, some legal experts say. Kris Williams and Rebekah Wilson were legally married in June 2019, before Wilson gave birth to a boy that August, according to court documents. Shortly after the couple separated in November 2021, Wilson moved in with the child’s sperm donor, taking the boy with her and prompting Williams to petition for custody. If Williams were a man, there would have been a “presumption of paternity” under Oklahoma state law, which says: “A man is presumed to be the father of a child if … He and the mother of the child are married to each other and the child is born during the marriage.”

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