By MIKE SCHNEIDER
ORLANDO, Fla. – A Florida appellate court says two former lesbian partners both have parental rights to a daughter who was born with one mother donating the egg and the other mother giving birth to the baby.
The Fifth District Court of Appeal in Daytona Beach last week overturned a lower court decision that had been made in favor of the birth mother.
The appellate court says the biological mother’s constitutional rights to equal protection and privacy were violated with the lower court decision. The Brevard County judge said in his ruling he had felt constrained by Florida law and was hoping the appellate court reversed his decision.
The appellate court has asked that the Florida Supreme Court weigh in, given the importance of the matter.
Neither parent was identified in the case.