The Mississippi Supreme Court will soon decide if a lesbian couple can both be labeled as the biological parent now that that they are divorced.
Kimberly Strickland Day was impregnated by a sperm donor and assistive reproductive technology to have a child with her partner Christina Strickland, according to Gay Star News. That led to the birth of their son Zayden, who is now six and was raised by both parents.
Kimberly and Kristina finalized their divorce this year after being separated since 2013.
In the previous case, a judge ruled that Kristina could only have visitation rights, as the sperm donor did not have his parental rights terminated by either parent. According to Gay Star News, she could have filed to be an adoptive parent if that happened.
“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,” Kimberly’s attorney Prentiss Grant said. “The answer is a resounding yes.”
The U.S. Supreme court said in June that both parents in a same-sex relationship can have the right to be listed on a child’s birth certificate, according to the Washington Examiner.