Same Sex Parental Rights Attorney Miami

Same sex parental rights – The law has faced many changes in the past few years. Modern society includes rights for same sex couples and assisted reproductive technology has become an increasingly popular method for creating ones family.

Same Sex Parental Rights Attorney Miami

Florida statutes provide protection to couples who seek egg or sperm donation to create a family. Section 742.14, Florida Statutes Donation of eggs, sperm, or pre-embryos provides that :

The donor of any egg, sperm, or preembryo, other than the commissioning couple or a father who has executed a preplanned adoption agreement under s. 63.212, shall relinquish all maternal or paternal rights and obligations with respect to the donation or the resulting children. Only reasonable compensation directly related to the donation of eggs, sperm, and pre-embryos shall be permitted.

However, in 2013 the Florida Supreme Court held that the statute was unconstitutional as applied to a same sex couple because it deprived the mother who donated her egg of parental rights. In that case a lesbian couple utilized assisted reproductive technology. One woman donated her eggs and the other woman carried the pregnancy. While they were together, the two women raised the child and gave the child both their last names. The couple separated and the woman who carried the child claimed the donor of the egg (her former partner) had no parental rights to the child based on the above statute.

Same sex parental rights – Florida Supreme Court disagreed

The Florida Supreme Court disagreed and said because of the unique facts and that the donor mother had embraced her role as a mother she was indeed entitled to parental rights. The Court was careful to say that their decision finding the statute unconstitutional was limited the factual situation as applied to that same sex couple. Therefore, the statute is still in effect and provides protections to couples utilizing assisted reproductive technologies. But there is a cloud of doubt given the Supreme Court’s decision and it would be wise for the legislature to amend the statute to reflect the court’s ruling.

Catherine M. Rodriguez, Esq.To request a discreet, productive legal consultation with a same sex parental rights attorney, child custody attorney, child support attorney or any other family law matters call or e-mail our offices at 305.672.5007 for a consultation.

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