OKLAHOMA CITY (KFOR) – A birth certificate battle is brewing in the courthouse in Oklahoma County, Oklahoma.
It started as a divorce between two parents: the mother who carried and delivered the baby and the non-gestational parent.
Kris Williams and Rebekah Wilson got married in the summer of 2019. Later that year, they had a son.
Wilson carried the child, conceived through artificial insemination. Williams cut the umbilical cord. They named their son for a beloved family member on Williams’ side of the family.
“I thought it was a dream come true. It was special,” said Williams.
In Oklahoma, same-sex marriage is legal. Williams and Wilson have the same rights as every married couple.
Their names are both on the baby’s birth certificate as mother and mother.
“It’s pretty simple,” said attorney Robyn Hoplins. “That’s black and white, and so I’m not sure why we are getting caught up in the gray.”
The gray is an ugly divorce making its way through the district court.
Earlier this year, Wilson asked the court to remove Williams from the birth certificate.
Judge Lynne McGuire ruled Williams “failed to pursue a legal remedy to establish parental rights.”
Even though Williams was on the baby’s birth certificate, the judge ruled she should have adopted her own child.
“I’ve never seen anything like this,” said Hopkins. “It’s not a question about what the divorce is. This isn’t about the divorce case at all. We’re not talking about assets. We’re not talking about marital property, separate property. We’re talking about the custody of a child that was born of that marriage.”
Williams hasn’t seen her son in 19 weeks.
“I want people to know that that it’s not just the LGBTQ community that’s vulnerable in this,” Williams said. “We have other families who can’t have biological children and use donors as a means to to have families. I think it’s horrible that we have to take an extra step in order to solidify our space for us to be legally connected to our children.”
Wilson filed a Victim Protection Order against Williams late last year. She was in court Thursday and refused to answer any questions about why she filed to have her estranged wife removed.
Both sides were back in court Friday in front of Judge Lynne McGuire, on a motion to reconsider her original finding.
KFOR tried to speak to Wilson’s attorney, Seth Von Tunglen, who was in court Thursday with his client. Von Tunglen said his court filings speak for themselves.