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…Read More
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…Read More
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…Read More
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…Read More
Will the donor sperm have parental rights in a “do it yourself” artificial insemination under Florida law?
Florida’s egg, sperm, and embryo donation statute (Florida Statute 742.14) provides that the donor of egg, sperm, or embryos has no parental rights to the resulting child (unless between a commissioning couple or a preplanned adoption agreement is in place) when using assisted reproductive technology. Florida law defines “assisted reproductive technology”, in part, as procreative…Read More
Heck yeah! I am proud to represent same sex couples who desire to use a surrogate With current advances in reproductive technology coupled with the evolving legal landscape in Florida, surrogacy for same sex couples is permissible and Florida does not prohibit egg or sperm donation for same sex couples. There are additional steps required…Read More