Woman in same-sex couple wins appeal over custody

By Ed White
Associated Press

DETROIT (AP) — A woman who gave birth to twins during a same-sex relationship is considered a parent for the purpose of custody, even if she has no genetic ties to the girls, the Michigan Court of Appeals ruled.

It’s a victory for Lanesha Matthews, who appealed after a Wayne County judge ordered her name removed from birth certificates and treated her as a third party.

“A woman who gives birth to a child is that child’s natural mother under the common law, and there is no reason to look elsewhere for meaning,” Judge Elizabeth Gleicher of the appeals court said last Thursday.

Matthews and Kyresha LeFever began a relationship in 2011 and decided to have children. LeFever’s eggs were fertilized by a sperm donor and placed in Matthews’ womb.

The couple separated in 2014 before same-sex marriage was legal in Michigan. Four years later, LeFever sought custody of the twins.

Judge Melissa Cox said LeFever was the “natural and legal mother” and ordered her name to be added to birth certificates. She was granted custody of the children while Matthews was given parenting time.

The appeals court, however, said Cox misapplied Michigan law. The case now will return to Wayne County with Matthews treated as a parent, said Judges Kirsten Frank Kelly and Michael Riordan.

Gleicher agreed but wrote a separate opinion. She said Matthews and LeFever “are entitled to a full complement of parental rights” under the U.S. Constitution.

The American Civil Liberties Union of Michigan filed a brief supporting Matthews.

“The method of reproduction used by the couple is not a basis to deny recognition of Ms. Matthews’ parentage and, thus, deny her and the children the constitutional and legal protections to which they are entitled,” attorney Jay Kaplan wrote.