Woman Has No Parental Rights for Son She Raised with Ex-Wife Who Now Lives with Sperm Donor: Judge
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An Oklahoma judge has ruled that a woman who raised a child with her now-estranged wife for two years does not have parental rights — and that a sperm donor is the child's other legal parent.
Although Kris Williams was married to Rebekah Wilson when Wilson gave birth in August 2019 — and was listed on the child's birth certificate as a second mother — Williams "cannot establish a mother-child relationship" because she did not give birth to the child or adopt him, Oklahoma County District Judge Lynne McGuire wrote in Monday's decision, which PEOPLE has reviewed.
Citing an article written by Wilson after the child was born, court documents state that about three years into their relationship, she and Williams talked about "having a baby."
The judge also noted in the ruling — and emphasized — that Wilson indicated "they" chose to use a known donor "in order for the minor child to know and have a relationship with his biological father."
However, in September 2018, Wilson entered into a "Known Sperm Donor Agreement" with Harlan Vaughn, which stipulated that she alone decided to "conceive and raise a child," according to the court documents, which also indicate that the agreement stated that "Wilson and 'a conceived child' would constitute a 'family.'"
Prior to the judge's decision, Wilson and Vaughn "testified that they did not believe their contract was valid" and had it officially terminated in February 2022, according to the decision.
After the contract was signed, a series of "non-medically assisted" inseminations took place in December 2018, after which Wilson became pregnant, per the documents.
Wilson and Williams went on to tie the knot in June 2019.
When Wilson gave birth that August, Williams "was present" and listed as "Second Mother on the birth certificate," although Wilson "disputes being aware of what she signed," the documents state.
Williams remained "actively involved" in the child's life until November 2021, when Wilson obtained a protective order against Williams and moved in with Vaughn, according to the court documents. She went on to allege domestic abuse and harassment.
According to the 19th, Williams has denied the allegation of abuse. Williams's attorney did not immediately respond to PEOPLE's request for comment.
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When filing for divorce in December, Williams alleged the pair did not have any children, but that "there is one child that was born during the marriage," per the documents. In her response, Williams alleged they do "have one minor child."
Vaughn filed a petition asking for custody of the child in January, alleging "he was the biological father," according to the court documents.
In 2022, Wilson gave birth to another baby, court documents also state, noting that Vaughn is the father of that child as well. Per the documents, they all live together.
"The minor child now has a sibling that lives with him in the family home," the judge wrote in her ruling.
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Also in the ruling, the judge wrote that based on the evidence presented in court, the child's legal parents are Wilson and Vaughn.
"Williams, through her testimony and exhibits presented during the trial, admitted that she and Wilson discussed adoption. Furthermore, Williams admitted she knew that under Oklahoma Law she needed to adopt the minor child to establish parental rights," McGuire said in her decision. "The reality is that the law provides a legal remedy available to Williams. She knowingly chose not to pursue it."
The ruling cited Oklahoma's Uniform Parentage Act, which was enacted in 2006 and "does not take into account same-sex marriage" so "there is no presumption that the wife of the mother is automatically the presumed parent of a child born during the marriage."
Additionally, while the act enables a mother-child relationship to be "established through adoption," it does not include artificial insemination.
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Williams told NBC affiliate KFOR that she was "in shock" by the ruling.
Her lawyer, Robyn Hopkins, told BuzzFeed News they plan to appeal the decision and that same-sex couples shouldn't be forced to have to adopt in order to be legally considered parents.
"What happens when you're in the middle of an adoption, but the two of you decide to separate? You have to be happily married, because you need the birth mother to consent to the adoption," Hopkins said. "But also, what happens if you can't afford an adoption or don't know how to do it or if you don't believe in marriage? There's tons of straight people out there that do paternity cases, and they're not married."
Rachel Morris, Vaughn's attorney, told PEOPLE in a statement that "obviously, my client is thrilled with the outcome of the case."
"It is unfair to the court to generalize this case as a ruling against LGBTQ+ parents," Morris continued. "All three potential parents in this case were LGBTQ+, and they attempted to create a family that is not currently recognized under Oklahoma law."
Vaughn said in a statement that he and Wilson are "grateful for the court's validation" and "remain focused exclusively on our child's protection and well-being," according to KFOR.
