At Oral Argument, Michigan High Court Mulls Parental Standing of Ex-Same-Sex Partner Who Couldn’t Marry Pre-‘Obergefell’ |

Making both statutory and equal-rights arguments, two separate lawyers, including one from the ACLU, argued before Michigan’s high court that an unwed former same-sex partner should qualify as a legal “parent” to a child her and her former partner agreed to have, via in vitro fertilization, but that one partner is no longer allowed to see.

The attorneys were opposed by the lawyer for the woman who carried and gave birth to the child, making her the sole member of the former couple to have a genetic link to the child since the IVF procedure involved using sperm donated by a man who gave up parental rights as part of the IVF process.

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