A fight over custody heads to AZ Supreme Court

According to Suzan McLaughlin’s attorney her client is asking for the same rights that any parent would get in a divorce regardless of sex. Attorney Shannon Minter said, according to state law, the “husband” of a woman who gives birth within 10 months of a marriage is presumed to be the parent — regardless of how the child is conceived.

Last year, a lower court made the decision that Suzan McLaughlin had a right as a legal parent of their son. But the boy’s biological mother, Kimberly McLaughlin, is appealing that verdict. Kimberly McLaughlin’s lawyer says Arizona law does not establish any rights in artificial insemination cases –if the non-biological parent is the same sex.