The Mississippi Supreme Court has heard arguments for why a boy born to a lesbian couple should be considered the biological son of both parents now they’re divorced.

6-year-old Zayden Strickland was born to Kimberly Strickland Day and Christina Strickland when they were married. Kimberly was impregnated through assisted reproduction technology. A sperm donor was used to fertilize one of Kimberly’s harvested eggs. Then the embryo was surgically implanted. Christina helped raise Zayden from birth.

The couple separated in 2013. The court finalized their divorce last year. Christina has no biological ties to Zayden but wants to be listed as a legal parent of him in order to share equal custody with Kimberly, the biological parent. Neither of them took legal action after Zayden’s birth to have the sperm donor’s rights terminated.

Christina could have filed the paperwork to become the child’s adoptive parent if that had been done. The original court case looked at Christina’s request to be recognized as the boy’s parent and to have his birth certificate altered to list her as a ‘mother.’

Upon their divorce, Kimberly was given legal and physical custody of Zayden while Christina was only given visitation rights. Judge John Grant denied Christina’s request to be recognized as Zayden’s parent. He said: ‘The court finds two women cannot conceive a child together.’

‘The court doesn’t find its opinion to be a discriminatory statement, but a biological fact,’ he continued. Read more via Gay Star News