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Chris Strickland left brought the appeal, challenging a lower court decision that an anonymous sperm donor still had parental rights and that Strickland did not. Also pictured is attorney Elizabeth Littrell right.

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Photo by Arielle Dreher. AP — Mississippi's Supreme Court ruled Thursday that a woman has parental rights to a 6-year-old boy born to her ex-wife when the two were married, in a case watched by gay rights activists and groups aiding in vitro fertilization.

Christina "Chris" Strickland brought the appeal, challenging a lower court decision that an anonymous sperm donor still had parental rights and that Strickland did not. Strickland ultimately hopes to win custody of Zayden Strickland, who bears her last name and was born by Kimberly Day through artificial means when Day and Strickland were married.

The case was ordered back to Grant for further proceedings to decide on custody of Zayden Strickland, with orders to treat Christina Strickland as an equal co-parent.

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The justices found that Grant's ruling that the unknown sperm donor had parental rights and that Strickland did not was unworkable and unfair, saying such a standard would "would disrupt the familial relationships and expectations of Mississippians who have conceived children" using artificial insemination. The original judge had granted Strickland visitation rights and she pays child support.

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Day's lawyer argued that sperm and egg donors should have legal rights and that when is conceived through artificial means, a second parent is more akin to someone who is adopting. The lawyer, Prentiss Grant, had argued Strickland should have gone through the legal process of terminating the sperm donor's parental rights during the divorce proceeding. Grant didn't immediately respond to an from The Associated Press seeking comment late Thursday.

Justices wrote that a ruling for Day could have allowed another adult to adopt Zayden Strickland, and if Day had died as the sole parent, Zayden Strickland could have ended up as an orphan in state custody.

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A ruling against Strickland could have meant that opposite-sex couples who use someone else's eggs or sperm would have had to terminate donors' parental rights to achieve legal status. Some justices said the court was going too far, ruling on a legal principle that wasn't argued in the original trial or saying they should order Grant to basically start the case over.

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Chief Justice William Waller Jr. Littrell said she was also pleased that no Mississippi justices opposed Strickland because of same-sex marriage. In a opinion where the Mississippi Supreme Court granted a divorce to lesbian couple, two of its justices questioned the U. Supreme Court ruling legalizing same-sex marriage and suggested that its landmark ruling has no constitutional basis.

One of those justices has since retired.

Copyright Associated Press. All rights reserved.

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