Florida Woman and Lady are in nine year gay romantic relationship in Florida, not far north of Broward County and Palm Beach County.
Woman and Lady both work as law enforcement officers in Florida.
The couple reportedly decide to have and raise a Child together.
Lady provides the egg for the birth.
Woman, by means of surgical implantation, carries the egg to term, and gives birth to Child in 2004.
Two years later, Woman and Lady break up.
Woman allegedly absconds with Child, to live in Australia.
Lady’s private detective eventually locates them.
Lady files a case in Florida family court to claim parental rights to Child.
At trial, the presiding Florida family court judge regretfully rules that Lady has no parental rights under the current state of Florida family law. However, the Florida family court judge further expresses that he looks forward to having his ruling reversed by a higher Florida court on appeal. Actively inviting appeal.
And, on appeal, that is precisely what happens. The intermediate level appellate court in Florida holds that both Lady and Woman have parental rights over Child.
Woman and Lady await word from the Florida Supreme Court as to whether it will entertain a further appeal.
The case turns upon:
- applicability of Florida law arguably intended only to address parental status and rights (or lack of same) with regard to births merely facilitated by sperm and/or egg donations by third parties through assistive reproductive technology and
- interpretation of the constitution as it relates to asserted rights to procreation and equal protection of the law for gay people.
Florida law currently rejects recognition of gay marriage and does not embrace parenting by gays (although the law governing the latter has recently embarked on some flux). Emerging law in this area could affect foster parenting, adoption and child custody involving gays in fact serving in parental roles in Florida.