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Parenting Rights Restored To Lesbian Mom

Embryo,_8_cellsIn Brevard County, FL, a mother's parenting rights have been restored in appeals court after a previous ruling decreed she had none, according to The Orlando Sentinel.

The woman, a police officer, was in a committed same-sex relationship for more than 11 years. Her partner was infertile; she was not. When the couple decided to have a baby, this woman donated one of her eggs, which was implanted in her partner's womb and brought to term. When the couple split last year, a Brevard County court ruled that the partner who gave birth to the child should have sole parenting rights, though he said the decision "broke his heart." But the law was the law; the partner who donated her egg had no legal standing.

Not so, apparently. Last week, writes the Sentinel:

... a state appeals court in Daytona Beach overturned [the] decision, saying the other mother has parental rights, too.

The 5th District Court of Appeal ruled that the U.S. and Florida constitutions trump Florida law and give parenting rights to both women. State law, it added, has not kept up with the times.

"This is a unique case, and the appellate courts in Florida have never before considered a case quite like it," it said.

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Comments

  1. Depending on the wording of this decision, it's either very good news for LGBT people ("they both raised the child, they're both parents") or very, very bad news ("she games an egg, she's the mother no matter what" = gay couple who used egg donation could have their child taken back by a woman changing her mind and suddenly arriving on the scene??)

    Posted by: G.I. Joe | Dec 30, 2011 1:04:57 PM


  2. G.I. Joe raises the points that came to my mind, too. It's a shame the two women could not have come to an amicable decision and involved the courts. This is not something I really hope to see any precedent-setting on just yet.

    Posted by: justinw | Dec 30, 2011 1:29:26 PM


  3. Uh, wouldn't the egg "donor" still be the bio-mom? The mother who gave birth would be the surrogate mother.

    Don't lots of straight couples use surrogates?

    Posted by: Jeffer | Dec 30, 2011 2:40:17 PM


  4. The irony is that we see (presumably str8) soldiers dancing with each other in musical videos they put online all the time.

    Posted by: Coach Outlet | Apr 23, 2012 5:32:33 PM


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