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Lesbian Custody Battle Challenges Florida Egg Donor Law

Lesbian Custody Battle Challenges Florida Egg Donor Law


A lesbian couple who had a child together before separating are challenging Florida's sperm and egg donor laws in a custody fight over their 8-year-old daughter.

One of the women had her egg fertilized and transplanted into her partner, who carried the child to term. Their daughter was born in 2004, nine years into their relationship, according to the Associated Press.

But two years later the woman who gave birth to the child left their home in Brevard County, Fla., without telling her partner. She took the girl into hiding in Australia, but they were eventually found with the help of a private detective.

Now the couple are sparring before the Florida Supreme Court over custody of their daughter. A lower court ruled that the woman who gave birth legally should have custody, and that the woman who provided her egg had no rights under state law. He added that he hoped his decision would be overturned, which is what happened in the Fifth District Court of Appeal in Daytona Beach. That court ruled that the women should share parental rights.

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