Two women fight for custody rights in Nevada. Supreme Court

CARSON CITY – Can a 4-year-old Clark County girl have two legal mothers entitled to co-parenting rights?

When birth mother Sha’Kayla St. Mary – the woman who carried the child in her womb – and biological mother Veronica Damon – the woman who provided the egg fertilized by a male donor – split up 11 months after the birth, Damon began restricting access to the child. St. Mary wants equal custody.

The Nevada Supreme Court heard arguments in the unprecedented case Monday.

"Why can’t there be two moms?" asked Justice Nancy Saitta several times during the 30-minute hearing.

At least two justices made statements in support of Saitta’s view, but a formal decision will not be made for months.

Justice Michael Douglas noted the two women signed a lifelong co-parenting agreement.

But other justices peppered lawyers Bradley Schrager and Joseph Hold about the intention of the state’s uniform parenting act and the state surrogate law.

"The law does not always move at the speed of culture and cultural change," replied Schrager, Damon’s court-appointed lawyer.

Initially after they split, the women shared parenting duties. But, a few months later, Damon restricted St. Mary’s time with their daughter and filed a child abuse complaint, which an investigation showed unfounded.

Eventually, St. Mary sued for equal custody.

Damon and St. Mary were employees at the Southern Nevada Women’s Correctional Center in 2006 when they met. They used money set aside for their retirement to conceive a child through a fertility clinic.

In the parenting agreement required by the fertility clinic, Damon was identified as the "biological parent" and St. Mary as the "non-biological parent."

When the baby was born, both women tried to put their names on her birth certificate but were blocked by the hospital. Later, they were able to change the certificate to include both mothers and give the child a hyphenated last name.

District Judge John Bonaventure ruled Damon was the parent and St. Mary could have access to the child one day a week. She appealed to the Supreme Court.

During Monday’s hearing, Justice Kris Pickering said the court needs to consider the best interests of the child. She questioned why a guardian wasn’t appointed to investigate before the case was heard in District Court.

"Someone who is level-headed should speak for the child," she said. But Chief Justice Michael Cherry said he thought the court did not need to look for guidance in state parenting laws. Instead he said they could make their decision based on contract law, namely the parenting agreement signed by the women.

While unprecedented for Nevada, the California Supreme Court has ruled to recognize two mothers in a similar case.

Contact reporter Ed Vogel at evogel@reviewjournal.com or 775-687-3901.