Valdosta Daily Times

Top News

November 8, 2013

Fla. Supreme Court settles lesbian custody battle

TALLAHASSEE, Fla. — The Florida Supreme Court ruled Thursday that a woman who donated an egg to her lesbian partner has parental rights to the child and ordered a lower court to work out custody, child support and visitation arrangements.

The case involves two women, identified only by their initials, who had a child together. One donated an egg that was fertilized and implanted in the other, who gave birth in 2004.

But two years later the Brevard County couple split up, and the birth mother took the girl and left the country. The other woman, who identifies herself as the biological mother, used a private detective to find her former partner in Australia, and a custody fight ensued.

The birth mother tried to use a Florida law that prevents sperm or egg donors from claiming parental rights to children born to other couples. Her lawyer also cited a standard form donors are required to sign relinquishing parental rights. The court rejected both arguments, saying the law doesn’t apply in this case because the couple clearly planned to parent the child together.

The court wrote that the case didn’t have to be an “all-or-nothing decision” on which parent had rights to the child.

“The couple’s actions before and after the child’s birth — including their use of funds from their joint bank account, their statements to the reproductive doctor that they intended to raise the child as a couple, the counseling they underwent to prepare themselves for parenthood, the use of a hyphenated last name for the child, and the joint birth announcement — reveal that the couple’s agreement in actuality was to both parent the child,” the court wrote.

The decision doesn’t throw out the Florida law and it can still be applied in cases where anonymous donors provide sperm or eggs to couples.

“If you were a sperm donor, would this help you get parental rights? No, it wouldn’t,” said Elizabeth Schwartz, a Miami Beach attorney who specializes in family law and who advocates for gay and lesbian issues. “They really looked at what was intended ... The law wasn’t thrown out, it was just thoughtfully applied.”

The biological mother cried when she heard the news, said lawyer Robert Segal, who represents the woman. She has not seen her daughter in six years.

1
Text Only
Top News
  • Johnson family files second suit against school system

    Two months after filing a civil suit against Lowndes County Schools, Kendrick Johnson's parents have filed a second suit against the school system which again claims that negligence and bullying led to their son’s death.

    July 29, 2014

  • Bears spotted on Baytree Road

    A pair of bear sightings along Baytree Road could indicate a growing black bear population in Lowndes County.

    July 29, 2014

  • photo.JPG Dump truck suspects apprehended

    LCSO has apprehended both of the suspects believed to be connected with the theft of a dump truck in Macon on Monday.

    July 29, 2014 1 Photo

  • Dollar Tree-Family Do_Rich copy.jpg Dollar Tree buys Family Dollar

    The fight for penny pinchers is intensifying.

    July 29, 2014 1 Photo

  • APTOPIX Mideast Israe_Rich copy.jpg Gaza war rages despite Hamas, Israel truce pledges

    Israel and Hamas launched new attacks Sunday in the raging Gaza war, despite going back and forth over proposals for a temporary halt to nearly three weeks of fighting ahead of a major Muslim holiday.
    The failure to reach even a brief humanitarian lull in the fighting illustrated the difficulties in securing a more permanent truce as the sides remain far apart on their terms.

    July 29, 2014 1 Photo

  • Ga. woman sentenced in child abuse case

    The mother of a 1-year-old boy who was hospitalized with a fractured skull in 2012 has been sentenced to nine years in prison.

    July 29, 2014

  • AP81072904918 copy.jpg Today in History for Tuesday, July 29, 2014

    Today is Tuesday, July 29, the 210th day of 2014. There are 155 days left in the year.

    July 29, 2014 1 Photo

  • United Way presents fundraising prom

    Save the date — and make sure to find one — for The Prom, a retro-celebration to benefit the Greater Valdosta United Way.

    July 29, 2014

  • Times hosts blood drive

    The Valdosta Daily Times will participate in a blood drive, 12:30-5:30 p.m. Friday, Aug. 1, with the American Red Cross Bloodmobile visiting The Times’ 201 N. Troup St. parking lot.

    July 29, 2014

  • Free health fair planned for Quitman on Aug. 9

    A free health fair hosted by the 100 Black Men of Brooks-Grady-and-Thomas Counties, Inc. and sponsored by Archbold Hospital will take place Aug. 9  from 8 a.m.-noon. The second annual 100 B-G-T Health Fair will be located at the Courtland Avenue Church of Christ in Quitman. All Valdosta-Lowndes County residents are welcome to attend.

    July 29, 2014

Top News
Poll

Do you agree with the millage rate increases?

Yes. We need to maintain services
No. Services should have been cut.
     View Results