In a landmark victory for same-sex parents, a judge in New Jersey granted custody of twin girls to their biological father following a trial that spanned more than a year.
The fathers, a gay, interracial couple who were married in California and joined in a civil union in New Jersey, had long desired to be parents and created embryos using the eggs of an anonymous donor.
The case arose out of a 2005 agreement between Angelia Robinson and her brother, Donald Hollingsworth. She agreed to carry a fetus for Hollingsworth and his husband, Sean Hollingsworth. Sean supplied the sperm and an anonymous donor supplied the egg. Robinson gave birth to twin girls in 2006. Robinson then sought custody and challenged the agreement in court, arguing that gestational surrogacy contracts are invalid in New Jersey.
In a 15-page decision issued on December 13, the court granted the biological father sole legal and physical custody of the couple’s daughters, now five years old, emphasizing the importance of their commitment to their children’s well-being and their values of tolerance and inclusion.
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