Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, November 24, 2012

Nevada Supreme Court Case

Two justices of the Nevada Supreme court heard a lesbian parental-rights case on Monday, November 5, in Carson City.  The two women birthed a child together via in vitro fertilization back in 2008.  Since then, the relationship has gone sour.  However, the justices realized that no official guardian was appointed in lower-court proceedings, and they were "troubled" by the fact the child had no legal voice in the hearings about whether or not the birth mother has parental rights.  Biological mother Veronica Damon's lawyer Bradley Schrager argues Nevada state statutes "don't automatically grant parental rights to" Sha'Kayla St. Mary, the "gestational surrogate" (said by Schrager).  St. Mary's lawyer Joseph Nold argues his client's name is on the birth certificate in the form of a hyphenated last name for the child, and "both women signed a fertility clinic document before St. Mary underwent in vitro fertilization of eggs from Damon fertilized by an anonymous sperm donor."  The court made no immediate ruling.

Read more here.


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