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Litigation
A lesbian mother who separated from her partner does not lose her parental rights to a child born during the relationship, a divided Florida Supreme Court ruled in November 2013. The 4-3 opinion strikes down the state law on assisted reproductive technology as unconstitutional, and affirms a decision by the Fifth District Court of Appeal upholding parental rights for same-sex couples who jointly conceive a child.
The birth mother had moved to Australia and had cut access to the child born in 2004. The estranged partner, whose fertilized egg was used in the pregnancy, challenged the loss of rights and access in a state were same-sex marriage is barred.
The majority in the closely watched dispute, decided the case on federal equal protection and state privacy grounds. Three justices dissented.
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