Matthews and Kyresha LeFever began a relationship in 2011 and decided to have children. LeFever s eggs were fertilized by a sperm donor and placed in Matthews womb.
The couple separated in 2014 before same-sex marriage was legal in Michigan. Four years later, LeFever sought custody of the twins.
Judge Melissa Cox said LeFever was the natural and legal mother” and ordered her name to be added to birth certificates. She was granted custody of the children while Matthews was given parenting time.
The appeals court, however, said Cox misapplied Michigan law. The case now will return to Wayne County with Matthews treated as a parent, said Judges Kirsten Frank Kelly and Michael Riordan.