Ex-partner has parental rights: Florida Supreme Court

ladyjustice.jpgMIAMI (Reuters) – By Jane Sutton

A woman who donated an egg to her lesbian partner can share parental rights to the child, the Florida Supreme Court ruled on Thursday.

The 4-3 ruling directs a lower court to work out joint custody and visitation details, based on the best interests of the child, a 9-year-old girl.

“We conclude that the state would be hard pressed to find a reason why a child would not be better off having two loving parents in her life, regardless of whether those parents are of the same sex, than she would by having only one parent,” the majority opinion said.

The dissenting justices said the woman who provided the egg had signed two forms relinquishing any claim to any resulting child, and therefore is not legally her parent. They said the agreement to raise the child together “appears to have been oral” and was never formally executed, so it cannot be enforced…

…Florida does not recognize same-sex marriage or allow homosexuals to adopt. But the justices said the biological mother should have the same constitutionally protected rights as an unmarried biological father who demonstrated a commitment to raising his child by assuming parental responsibilities.

Read the full story here.

Read full Florida Supreme Court Opinion here.

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