Skip to comments.Mississippi Supreme Court to decide if boy’s legal ‘biological’ parents are two lesbians
Posted on 12/09/2017 9:15:48 AM PST by EdnaMode
The Mississippi Supreme Court heard arguments last week about whether a boy born to a lesbian couple should be legally considered the biological son of his mother's female partner.
Because of the nature of the childs conception and the relationship of the adults in his life, the story is complicated.
The two women who were married chose to have a child that would be conceived in one of them via anonymous sperm donation.
The boy is now six years old. His mothers ex-spouse, who helped raise the child from birth, sought to be recognized as a biological parent when the two women divorced.
Kimberly Strickland Day, was impregnated through assisted reproduction technology whereby donor sperm was combined with her harvested egg and the embryo surgically implanted, reports the Jackson, Mississippi Clarion Ledger. The couple separated in 2013, and their divorce was finalized last year. A Mississippi court granted the first same-sex divorce in 2015.
Christina Chris Strickland, the ex-"spouse" with no biological ties to the child, wants to be listed as the legal parent of 6-year-old Zayden Strickland in order to share equal custody with Day, the biological parent.
The original lower court case revolved around Stricklands request to not only be recognized as the boys parent, but to have his birth certificate altered to include her name as a mother.
After the childs birth, neither Strickland nor Day took legal action to have the sperm donor's rights terminated. If those rights had been terminated, Strickland could have filed the paperwork to become the childs adoptive parent. It seems that Strickland was satisfied during the tenure of the marriage to be viewed as a presumptive parent, with no actual legal parental rights secured.
The judge gave Day legal and physical custody of both children, while Strickland has only visitation rights.
Judge John Grant, who presided over that case, denied Christina Stricklands request to be recognized as a parent of the child.
His ruling was unambiguous: The court finds two women cannot conceive a child together.
The court doesnt find its opinion to be a discriminatory statement, but a biological fact, continued Judge Grant. The natural father may never come into court. He may never be known and probably wont be, but he is still a father; and that is a right that our Supreme Court has recognized for many, many years.
Strickland has now appealed Grants decision to the Mississippi Supreme Court.
This case is not an equal protection case or a presumption of marriage case. It is an assisted reproduction case, said Day's attorney, Prentiss Grant. The main question here is simple: whether a couple, same-sex or opposite-sex, who conceives and has a child through assisted reproduction technology using donor sperm, donor egg, or a surrogate mother should be required to follow existing law and terminate the parental rights of the donor or surrogate. The answer is a resounding yes.
Tyler ONeil of PJ Media commented that a case such as this in an attempt by LGBT groups to redefine the meaning of parenthood.
In attempting to change this law, LGBT groups are redefining the meaning of parenthood itself, rejecting a vision tied to the biological reality that children are conceived by a father's sperm and a mother's egg, wrote ONeil.
ONeil asserts that the national LGBT rights group, Lambda Legal, which is providing legal counsel for Strickland, attempted to hide this by reframing the argument.
The court ruled that Chris was not a legal parent to the child born during her marriage because the anonymous sperm donor's rights as a father supersede Chris' rights as his second parent, ONeil wrote.
This statement captured the change in a nutshell: Lambda Legal wants Mississippi to strike down the gendered terms mother and father, replacing them with the idea of rights given to a second parent, continued ONeil. This is a logical extension of removing the gender of two people in the same-sex marriage debate, but while many people are attracted to members of the same sex, no children are naturally conceived by a woman and a woman.
LGBT groups want the states highest court to deny the validity of the lower courts finding, that two women cannot conceive a child together, and that this is not a discriminatory statement, but a biological fact.
As Strickland, Day and their attorneys wait for the Mississippi Supreme Courts Decision, the definition of parenthood hangs in the balance.
SCOTUSs 2015 Obergefell decision made redefining parenthood possible
This Mississippi case is just one example of cases popping up on court dockets around the country, forcing jurists to plow new ground due to newly created hybrid legal personal relationships based on same-sex marriage and other newly-found gender identity rights.
In June, the United States Supreme Court ruled that spouses of the same gender should be allowed to appear on childrens birth certificates.
The courts decision was predicated on the 2015 Obergefell v. Hodges case that legalized same-sex marriage across the country.
Because same-sex marriage is now the law of the land, the court reasoned that states must provide same-sex couples the constellation of benefits that the States have linked to marriage. In particular, since the Obergefell ruling specifically identified birth and death certificates as two of those rights, states can no longer deny same-sex couples any rights related to birth certificates that are granted to opposite-sex couples.
More proof, as if any were needed, that there are too many sleazy lawyers.
the law might make her a parent, but no court or lawyer in the world can make her a “biological” anything to that kid.
Legal = government paperwork
Biological = God’s work
If the sperm isn’t considered part of the equation, then why should the egg be?
Theres no possible way both of these are the biological parents.
Not a new problem. I believe the answer is to list the father as "unknown". These people are trying to create a problem that doesn't exist.
I must have missed that day at school. Or was this a chapter in “1984”
a homosexual by definition can not breed....
the lawyer industry in a nutshell....have so many interpretations of the law that anything can be argued....
I made the mistake of going to the site... now I feel even worse for the lil guy after looking at the pic of that thing...
The word is “parent.” Parent is biological, so adding the word “biological” is redundant.
One of the two lezzies has no biological part in any of this. The court can recognize them as legal parents, but not as biological.
While they’re at it, they can decide weather the Earth is flat or not.
Societies that fear truth won’t survive.
Another case of....”What’s wrong with gay marriages”.
So true. They deny Truth (God) and Natural Law (our Constitution) and want the “legal” system to acknowledge it and force their twisted, perverted, irrational worldview in the WHOLE “LEGAL” system.
It is now a vice system and unconstitutional.
It is actually satanism or paganism which they endorse—a religion they are forcing into the public square using force of law-—a removal from Objective Truth and Reality-—and to force a little boy to not know his own biological father is evil—and denial of the boys Natural Rights which only come from God. That boy should sue those evil women who use him like a guinea pig.
Just Laws can never promote evil or irrationality, yet look at this pathetic court case (removal from science and reason).
Science might allow for it in the future. Might destroy the human genome in the process. No doubt playing Frankenstien has serious risks. We can only hope that the monsters that they create will be sterile.
Oops. I meant “whether”.
Theres no possible way both of these are the biological parents.
Thats right. If they really wanted to make it complicated why didn’t one lesbian contribute the egg and the fertilized egg implanted in the other.
Where in the enumerated powers of the federal government is marriage or family law mentioned?
This case will get real sticky if the biological mother goes after the sperm donor for child support. Karma is a real bytch.
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