Saturday, January 7, 2012
From ABC News:
Tina's biological daughter turned 8 this week, but she has not seen the girl since Dec. 22, 2008, because of a custody fight with her former lesbian partner. The partner is unrelated to the child, but gave birth to her.
"I thought I'd have her back on her birthday," said Tina, a law enforcement officer, whose name was never on the birth certificate and who has been denied parenting rights under Florida state law.
...[T]he Florida courts had to decide, who is the legal parent, the biological mother or the birth mother who carried the unrelated child for nine months in her womb?
A trial court summarily sided with Tina's ex-partner, citing Florida statute. "The judge said, 'It breaks my heart, but this is the law,'" according to the birth mother's lawyer, Robert J. Wheelock of Orlando.
But on Dec. 23, a state appeals court rejected the law as antiquated and recognized both women as legal parents.
Citing the case as "unique," the 5th District Court of Appeal ruled that both the U.S. and Florida constitutions trump Florida's law, according to the Orlando Sentinel, which first reported the story.
Read more here.