A lesbian couple, K.M. and E.G., had twins together through ovum-sharing, with an egg removed from K.M., fertilized in vitro, and implanted in her partner E.G. The couple raised the twins together for several years. When the couple separated, however, E.G. (the birth mother) refused to allow K.M. (the genetic mother) to see the children.

In August 2005, the California Supreme Court ruled that both women were parents of the twins. NCLR, Lambda Legal, and other LGBTQ organizations filed an amicus brief.