Both lesbian moms have parental rights, Daytona court rules in custody dispute
They fell in love, moved in together in a house in south Brevard County and had a baby girl. Now they are fighting over who should raise the child. But unlike most couples, they are two women. One donated the egg. The other had it implanted into her womb and carried the child to term.
So which one is the mother? The woman who bore the child says it is she and she alone.
A circuit judge in Brevard County, writing that it broke his heart to say so, ruled that she's right. Under Florida law, a woman who gives birth is the mother. Last week, however, a state appeals court in Daytona Beach overturned his decision, saying the other mother has parental rights, too.
The 5th District Court of Appeal ruled that the U.S. and Florida constitutions trump Florida law and give parenting rights to both women. State law, it added, has not kept up with the times.
more: http://www.sun-sentinel.com/features/south-florida-parenting/os-lesbian-custody-battle-florida-20111229,0,4690422.story
