SAME SEX, SAME PROBLEMS: Fla. Supreme Court Settles Lesbian Custody Battle

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“The case represents a recognition of the fundamental right a parent has to parent their child, regardless of that parent’s sexual orientation or the manner by which the child is conceived,” said Christopher Carlyle, a lawyer representing the biological mother. “You had a unique situation where there was no intent of our client to donate this biological material and then be out of the picture. They obviously intended to raise the child together.

The lawyer for the birth mother didn’t immediately return a phone message left at his law office.

A trial judge ruled for the birth mother and said the biological mother has no parental rights under state law, adding that he hoped his decision would be overturned.

The 5th District Court of Appeal in Daytona Beach sided with the biological mother and said both women have parental rights.

“It would indeed be anomalous if, under Florida law, an unwed biological father would have more constitutionally protected rights to parent a child after a one night stand than an unwed biological mother who, with a committed partner and as part of a loving relationship, planned for the birth of a child and remains committed to supporting and raising her own daughter,” the court wrote.

(Photo: AP)

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