Skip to comments.Biological Mom Kept From Child in Lesbian Legal Case
Posted on 01/05/2012 6:36:12 AM PST by Former Fetus
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.
For 11 years, the Brevard County couple forged a committed relationship, living together, sharing their finances and raising a daughter. Tina's egg was fertilized with donor sperm and implanted in her partner's womb.
But when their romance fell apart when the child was 2, the 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?
(Excerpt) Read more at news.yahoo.com ...
Wow! It seems to me that Paul had hit the nail on the head.
I do not envy the courts in this case. That’s a tough decision. One woman provided the egg, the other provided blood and nourishment and gave birth. I might have sided with the birth mother too. I don’t know.
Clear cut case. The bio-mom donated her eggs to the other woman. The other woman is the legal mother of the child conceived from donated eggs.
To decide otherwise would invite chaos as women who donated eggs to infertile couples could declare custody of children not born to them.
How many men have been kept from their biological children? Split up a lezzie relationship and the court has to determine which one is more butch so they can shaft her.
Gawd how complicated these people make their lives, and we all have to suffer for it.
I think the courts made the best decision, the ‘birth mother’ gets custody, not the ‘donor’. Imagine if all egg donors could now claim custodial rights to children they had provided eggs for..........
Welcome to reality be-ich....
She should be force to provide child support as well....
Seems simple enough. If we're supposed to believe that "Heahter has two Mommies" then no matter which one gets custody, Heather stays with Mommie.
Freak show. American culture is under assault from all sides.
WOW! Describes the world we’re living in.
Along with your post, my grandson tells me the girls in school are horrible. No such thing as learning to be a lady. They now take pride is being Nasty.
Human eggs and sperm are soon to be fungible commodities traded on the exchange.
No price too high or ethics too low - for buyers and sellers.
Have we come this far? Yup - this is where we are.
Pray for all those children who have been, and are yet to be ‘produced’.
the womb mother may have the girl for now but someday she’ll come looking for her biological mother
as Mom of an adoptee, I know
Bio Mom must be really screwed up for the courts to not have at least given her visitation, aka “daddy” privilgegs
The abnormal acquisition of offspring, (similar to Michael Jackson’s) is nothing but flagrant human trafficing.
So is one woman a "donor" or was the other woman a "surrogate"?
They've been encouraging stuff like this for years and their TV dramas generally hand-wave this stuff away, as if to say, oh, it won't be a problem, we'll all be reasonable and besides that one is evil and will die in 23 minutes anyway.
My use of the word "surrogate" reminded on one show where they went to court because the surrogate changed her mind and wanted to abort the baby. The judge at first cited "roe v wade" and was challenged by the contract that the woman voluntarily entered into, followed by a half hour of "gripping drama" and then they hand-waved the whole thing citing "roe v wade" again.
I was thinking the same thing, but didn’t post it. The child will one day search for the bio mom, and may not be happy that the birth mom kept her from bio mom.
Sad that they couldn’t work it out for the child’s sake.
Actually, there is case law on this point, with surrogate mothers, and the courts have generally found that the biological mother wins over a surrogate mother.
Whether it is different here because the surrogate had not contracted to give up the child or not is a legal matter in and of itself, but the biological question does seem to favor the actual biological parents, not the vessel that carried the baby to term.
What’s “abnormal” about an egg being fertilized by a sperm? Yes, it was done in vitro, but that doesn’t mean that it’s abnormal. Atypical, yes.
There is nothing wrong with IVF but in the wrong hands it can result in tragedy, just as we see here. These two women had no business creating this child to purposely doom her to life without a father.
Blaming IVF for this mess is like blaming guns when criminals use them.
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