Dual Maternity Cases to be Heard by Florida Supreme Court

The Florida Supreme Court will be hearing a case today involving dual maternity.   The mothers in this case where involved in a committed same sex relationship and decided to have a child.  The biological mother provided the ova and the  birth mother carried the child.  The parties jointly raised the child for a number of years, until the birth mother absconded with the child to Australia.  The biological mother eventually located the birth mother and sought to enforce her parental rights.  At the trial court, the birth mother was successful in defending her position against the biological mother.  On appeal the Fifth DCA disagreed and overturned the trial court’s ruling, finding that the biological mother’s rights should be recognized.  The birth mother relies on Florida Statute 742.14, alleging that the statute does not recognize the maternal rights of egg donors.  Clearly, the statute was intended to address true donor cases, not cases where the biological parent did not intend a donation but intended to be a  parent to the unborn child.  The ACLU has filed an amicus brief which can be found here.  The ACLU argues that even if the biological mother is not deemed to be the statutory parent,  courts have the authority and duty to protect the psychological parent/child relationship.   It is sad that after these two parents decided to have this child together, one of them is attempting to cut the other parent out of the child’s life.

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