On December 23, 2011, the Florida 5th District Court of Appeal handed down a ruling on a very unique case. The case involved a lesbian couple who had been in a committed relationship for eleven years, and prior to splitting up, had a child together. One mother donated an egg, which was then planted in the other mother who gave birth.
The question before the court was, who is the mother?
According to Florida law, the woman who gave birth is the mother. However, the District Court in this case felt differently and ruled both mothers have parental rights. The District Court reasoned that the U.S. and Florida Constitution trumps Florida law and Florida’s laws have not kept pace with the times.
Although this is a very unique case, the overall issue of parental rights is not. Contact a Jacksonville Florida Family Law Attorney today if your parental rights are being questioned.