Both lesbian moms have legal rights to child in Florida break up

They were once a couple who wanted a child. One donated the egg. The other had it implanted into her womb and carried the child to term. After they two broke up, a circuit judge ruled that the mom who bore the child is the mother. Last week, however, a state appeals court in Daytona Beach overturned his decision, saying the other mother has parental rights, too. The 5th District Court of Appeal ruled that the U.S. and Florida constitutions trump Florida law and give parenting rights to both women. Under Florida law, a woman who gives birth is the mother. State law, it added, has not kept up with the times.

[OrlandoSentinel.com]

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