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Archive for April 2014

Can a same sex partner donate egg or sperm to their partner and retain parental rights and not be viewed as merely a donor?

In late 2013, the Florida Supreme Court held that the Florida egg, sperm and embryo donation statute (Florida Statute 742.14) was unconstitutional as it only allowed legally married heterosexual couples to retain parental rights to child born resulting from donated genetic material from one party to the other. The case involved a lesbian couple where…

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Babies Conceived After The Death of A Parent Under Florida Law

Posthumous Conception in Florida Consider this scenario. A husband and wife prepare reciprocal wills where a portion of the estate goes to their “issue”. The couple while undergoing IVF, freezes and stores unused embryos for future use. Following the death of the husband, the wife, who then remarried, utilizes the frozen embryos and gives birth…

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Why is "ART" (assisted reproductive technology) law increasing?

  Millions of Americans suffer from infertility and medical advances relating to fertility practices are occurring on an annual basis. As a result, the medical advances and legal issues they are creating are intimately interwoven with the practice of every kind of family law, including paternity and maternity, adoption, and divorce. As of 2002, the…

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Affirmation of Parental Status After Surrogacy Under Florida Law

Typically, upon the birth of the child, the surrogate’s name is placed on the birth certificate commonly with the name of the intended father. The intended parents who use the services of a surrogate must obtain a court order determining legal parentage for the child. The court order directs the appropriate state department of vital records to…

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