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OKLAHOMA CITY (KFOR) – A birth certificate battle is brewing in the Oklahoma County Courthouse.

This 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.

Rebekah carried the child, conceived through artificial insemination.

Kris cut the umbilical cord. They named their son for a beloved family member on Kris’ side of the family.

“I thought it was a dream come true. It was special,” said Williams.

In Oklahoma, same sex marriage is legal.

Kris and Rebekah have the same rights as every married couple.

Photo goes with story
Kris Williams. Photo from KFOR.

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 district court.

Earlier this year, Rebekah asked the court to remove Kris from the birth certificate.

Judge Lynne McGuire ruled Kris “failed to pursue a legal remedy to establish parental rights.”

Even though Kris 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.”

Kris Williams hasn’t seen her son in 19 weeks.

“I want people to know that it’s not just the LGBTQ community that’s vulnerable in this,” Kris 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.”

Rebekah filed a Victim Protection Order against Kris late last year.

She was in court Thursday and refused to answer any questions from KFOR about why she filed to have her estranged wife removed.

Both sides will be back in court Friday morning in front of Judge Lynne McGuire on a motion to reconsider her original finding.

News 4’s Ali Meyer tried to speak to Rebekah’s attorney, Seth Von Tunglen, who was in court Thursday with his client.

Von Tunglen told KFOR his court filings speak for themselves.