Same-Sex Parents Gain Custody of their Twin Daughters

Sean Hollingsworth and Donald Hollingsworth. Photo by Chris Hietikko from the Wall Street Journal Law Journal.

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.

New Jersey Superior Court Judge Francis B. Schultz ruled that the girls’ best interests would be served by placing them with parents who would celebrate their unique histories, noting,

“The common thread of [the biological father's] testimony was to … explain to the girls (when age appropriate) everything necessary for the girls to understand their origin, their heritage, as well as religion and the [fathers'] same sex [relationship]. Nothing negative about these sensitive issues will be brought to bear upon the children by their father.”

Karim Kaspar

In contrast, the court found that the mother and grandmother have “strong feelings about surrogacy and homosexuality” that “will be understood by the girls and will have a very damaging effect on them. It will make them feel ashamed of themselves and this they do not need.”

“This decision is a victory for parents, particularly those in non-traditional families, who value diversity and inclusion and pass those values along to their children,” said Karim G. Kaspar, senior counsel at Lowenstein Sandler, who represented the fathers.

“This important case exemplifies Lowenstein’s longstanding commitment to addressing significant social issues through public service,” said Kenneth H. Zimmerman, a partner and Chair of the Lowenstein Center for the Public Interest. “Pro bono service on behalf of children is a cornerstone of the Center’s work, and we’re pleased that as a firm, we have the opportunity to effect positive change in our communities.”