Same-sex couples in Ohio often go through situations similar to opposite-sex couples. They get together, break up and sometimes have children. One same-sex custody matter in another state is currently being litigated and it could end up in the Supreme Court. The case is one that Ohio residents should monitor.
Two women, an egg donor and her recipient, were once in a relationship together. The donating woman gave up one of her eggs, and it was implanted in her partner in 2004. The donor reportedly said that the successful implantation was a miracle.
Nine months later, their daughter was born. And four years ago, after the relationship ended, the girl’s birth mother came to pick up the girl from her donor mother for the Christmas holiday. The birth mother has not allowed the daughter to see her donor mother since, and the two have been fighting in court since that time.
Their initial custody case ended quickly because, according to a trial court, the donor has no parental rights. All parental rights belong to the woman who carried the child throughout pregnancy before birthing her.
But the donor mother filed an appeal that saw the original decision overturned. Another appeal has been filed by the girl’s birth mother. If it is denied, a judge will begin working on a shared custody agreement between the two women.
The donor mother was elated to hear the court of appeals call the young girl her daughter. It was the first time she had heard a decision directly verifying her mother-daughter relationship with the girl.
Source: WESH, “Courts Battle Over Same-Sex Couple’s Child,” Jan. 6, 2012